Heintzelman's Truck Ctr., Inc. v. Gibson, 409 So. 2d 1060 (Fla. 5th DCA 1981). · Go Syfert
Heintzelman's Truck Ctr., Inc. v. Gibson, 409 So. 2d 1060 (Fla. 5th DCA 1981). Cases Citing This Book View Copy Cite
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HEINTZELMAN'S TRUCK CENTER, INC., and Ken Kaatz
v.
D. Leroy GIBSON
No. 80-86.
District Court of Appeal of Florida, Fifth District.
Oct 21, 1981.
Published opinion
409 So. 2d 1060
1981 Fla. App. LEXIS 21431
R. L. Russell, of Van Den Berg, Gay & Burke, P.A., Orlando, for appellants., Daniel J. Roberson, of Roberson & Roberson, Deland, for appellee.
Church, Frank, Orfinger, Sharp.
Cited by 1 opinion  |  Published
SHARP, Judge.

Heintzelman’s Truck Center, Inc. (Heint-zelman’s) and Kaatz appeal from a final judgment awarding damages to appellee, Gibson. Gibson sued appellants for the conversion of a truck he purchased from Heint-zelman’s. The trial judge directed a verdict in favor of Gibson on the issue of liability and awarded Gibson compensatory damages against Heintzelman’s and Kaatz (jointly and severally) of nineteen thousand one hundred eighty-one dollars fifty cents ($19,-181.50). The jury awarded Gibson nineteen thousand dollars ($19,000) in punitive damages against Heintzelman’s.

After a careful review of the record we find no reversible error occurred with regard to the compensatory damage award. Accordingly, it is affirmed. However, the punitive damage award against Heintzel-man’s is not sustainable under the dictates of Mercury Motors Express, Inc. v. Smith, 393 So.2d 545 (Fla. 1981). It is therefore reversed.

AFFIRMED IN PART; REVERSED IN PART.

ORFINGER and FRANK D. UP-CHURCH, Jr., JJ., concur.