State v. Mancusi

District Court of Appeal of Florida

State v. Mancusi

609 So. 2d 177, 1992 Fla. App. LEXIS 12532, 1992 WL 373163

CourtDistrict Court of Appeal of Florida

DecidedDecember 16, 1992

DocketNo. 91-0186

StatusPublished

This text of 609 So. 2d 177 (State v. Mancusi) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Mancusi, 609 So. 2d 177, 1992 Fla. App. LEXIS 12532, 1992 WL 373163 (Fla. Ct. App. 1992).

Pincite

Opinion

PER CURIAM.

We issued our opinion in the companion case regarding Michael Mancusi’s malicious prosecution claim against Alamo Rent-A-Car in Alamo Rent-A-Car Inc. v. Mancu-si, 599 So.2d 1010 (Fla, 4th DCA 1992). In that case we reversed a final judgment entered in favor of Mancusi and remanded for a new trial. Id. at 1013. We also determined that section 768.73(l)(a), Florida Statutes (1989) did not apply to limit punitive damages that may be awarded on remand. Id.

The instant appeal concerns the trial court’s post judgment order which determined that section 768.73(2)(b), Florida Statutes (1989), was unconstitutional. The Florida Supreme Court has recently held section 768.73(2)(b) to be constitutional. Gordon v. State, 608 So.2d 800 (Fla.1992). Therefore, we reverse the trial court’s order and note that on remand § 768.73(2)(b) would apply.¹

REVERSED.

GLICKSTEIN, C.J., POLEN, J., and DOWNEY, JAMES C., Senior Judge, concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

We issued our opinion in the companion case regarding Michael Mancusi’s malicious prosecution claim against Alamo Rent-A-Car in Alamo Rent-A-Car Inc. v. Mancu-si, 599 So.2d 1010 (Fla, 4th DCA 1992). In that case we reversed a final judgment entered in favor of Mancusi and remanded for a new trial. Id. at 1013. We also determined that section 768.73(l)(a), Florida Statutes (1989) did not apply to limit punitive damages that may be awarded on remand. Id.

The instant appeal concerns the trial court’s post judgment order which determined that section 768.73(2)(b), Florida Statutes (1989), was unconstitutional. The Florida Supreme Court has recently held section 768.73(2)(b) to be constitutional. Gordon v. State, 608 So.2d 800 (Fla.1992). Therefore, we reverse the trial court’s order and note that on remand § 768.73(2)(b) would apply.¹

REVERSED.

GLICKSTEIN, C.J., POLEN, J., and DOWNEY, JAMES C., Senior Judge, concur.

Cite This Page — Counsel Stack

Bluebook (online)

609 So. 2d 177, 1992 Fla. App. LEXIS 12532, 1992 WL 373163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mancusi-fladistctapp-1992.

Opinion

Related

Cite This Page — Counsel Stack