Roy Lohr and Larry Randolph v. State of Florida Department of Corrections, Ken Ault

Eleventh Circuit

Roy Lohr and Larry Randolph v. State of Florida Department of Corrections, Ken Ault

869 F.2d 1456, 1989 U.S. App. LEXIS 4981, 1989 WL 28325

CourtCourt of Appeals for the Eleventh Circuit

DecidedApril 14, 1989

Docket87-5122

StatusPublished

Cited by2 cases

This text of 869 F.2d 1456 (Roy Lohr and Larry Randolph v. State of Florida Department of Corrections, Ken Ault) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Roy Lohr and Larry Randolph v. State of Florida Department of Corrections, Ken Ault, 869 F.2d 1456, 1989 U.S. App. LEXIS 4981, 1989 WL 28325 (11th Cir. 1989).

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Opinion

*1457 PER CURIAM:

In Lohr and Randolph v. State of Florida, 835 F.2d 1404 (11th Cir.1987), this court affirmed the decision of the trial court denying Ault’s request for a new trial and upholding the award of damages as to Randolph. However, we reserved ruling on the award of damages as to Lohr in order to certify a question to the Florida Supreme Court. In a separate opinion at 835 F.2d 1402, we certified to the Florida Supreme Court the question of whether, in Florida, a compensatory damages award must underlie a punitive damages award in a case in which the jury has made express findings against a defendant.

The Florida Supreme Court has answered the question in the negative, concluding that a jury finding of liability is the equivalent of finding nominal damages, and consequently, the jury may assess punitive damages. Ault v. Lohr, 538 So.2d 454 (1989).

In light of this authoritative interpretation of state law, the judgment of the district court upholding the award of punitive damages as to Lohr is AFFIRMED.

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*1457 PER CURIAM:

In Lohr and Randolph v. State of Florida, 835 F.2d 1404 (11th Cir.1987), this court affirmed the decision of the trial court denying Ault’s request for a new trial and upholding the award of damages as to Randolph. However, we reserved ruling on the award of damages as to Lohr in order to certify a question to the Florida Supreme Court. In a separate opinion at 835 F.2d 1402, we certified to the Florida Supreme Court the question of whether, in Florida, a compensatory damages award must underlie a punitive damages award in a case in which the jury has made express findings against a defendant.

The Florida Supreme Court has answered the question in the negative, concluding that a jury finding of liability is the equivalent of finding nominal damages, and consequently, the jury may assess punitive damages. Ault v. Lohr, 538 So.2d 454 (1989).

In light of this authoritative interpretation of state law, the judgment of the district court upholding the award of punitive damages as to Lohr is AFFIRMED.

Fed. Sec. L. Rep. P 96,549, 18 Ucc rep.serv.2d 588 Securities and Exchange Commission v. Charles Phillip Elliott, Charles O. Farrar, Receiver-Appellee, Kenneth J. Davis, Linda J. Davis, Leroy H. Moeller, as Personal Representative of the Estates of Adolph Hagstrom, Squire J. Kingston, Elizabeth Woods, Caroline Estelle, Lynnis H. McClain Ted Masco, Anita K. Hailey, Earl Setterblade, Francis Setterblade, Lloyd Schutzman, Shirley Schutzman, Albert C. Heil, Melvin Burkhardt, Rosa Ella Burkhardt, Howard Dore, Ruth Dore, Gerald J. Braun, Christie Braun, Monica Brooke Braun, C. Albert Ducharme Trust and Catherine F. Ducharme Trust, Seaton F. McDaniel Josephine McDaniel Trudy and Sidney Kleiner, Claimants-Appellants. Securities and Exchange Commission v. Charles Phillip Elliott, Charles O. Farrar, Receiver-Appellee, Melvin Burkhardt and Rosa Ella Burkhardt, Movants-Appellants

953 F.2d 1560 (Eleventh Circuit, 1992)

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869 F.2d 1456, 1989 U.S. App. LEXIS 4981, 1989 WL 28325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roy-lohr-and-larry-randolph-v-state-of-florida-department-of-corrections-ca11-1989.

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