King v. State, 986 So. 2d 634 (Fla. 4th DCA 2008). · Go Syfert
Search
King v. State, 986 So. 2d 634 (Fla. 4th DCA 2008). Cases Citing This Book View Copy Cite
“the jury awarded each plaintiff 1,183,544. of that sum, 1,100,000 was awarded for compensatory damages other than lost wages. we conclude that the award to each 2 individual for the non-economic damages was grossly excessive.”
60 citation events (60 in the last 25 years) across 7 distinct courts.
Strongest positive: SCLAFANI v. CITY OF MARGATE (flsd, 2023-07-06)
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 37 distinct citers.
discussed Cited as authority (verbatim quote) SCLAFANI v. CITY OF MARGATE
S.D. Fla. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
federal case law interpreting . . . the adea applies to cases arising under the cra.
discussed Cited as authority (verbatim quote) Beeker v. City of Miami Beach
S.D. Fla. · 2022 · quote attribution · 1 verbatim quote · confidence high
federal case law interpreting title vii and the adea applies to cases arising under the fcra.
examined Cited as authority (verbatim quote) Faith Freight Forwarding Corp. v. Anias
Fla. Dist. Ct. App. · 2016 · quote attribution · 1 verbatim quote · confidence high
the jury awarded each plaintiff 1,183,544. of that sum, 1,100,000 was awarded for compensatory damages other than lost wages. we conclude that the award to each individual for the non-economic damages was grossly excessive.
examined Cited as authority (verbatim quote) Faith Freight Forwarding Corp. v. Anias
Fla. Dist. Ct. App. · 2016 · quote attribution · 1 verbatim quote · confidence high
the jury awarded each plaintiff 1,183,544. of that sum, 1,100,000 was awarded for compensatory damages other than lost wages. we conclude that the award to each 2 individual for the non-economic damages was grossly excessive.
cited Cited as authority (rule) Waldorf
M.D. Fla. · 2025 · confidence medium
City of Hollywood v. Hogan, 986 So. 2d 634, 641 (Fla. 4th DCA 2008).
discussed Cited as authority (rule) MATHIEU FRANCOIS v. JFK MEDICAL CENTER LIMITED PARTNERSHIP (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2023 · confidence medium
Bd. of Palm Beach Cnty. v. Groover, 337 So. 3d 799 , 805 (Fla. 4th DCA 2022) (“If ‘the proffered reason is one that might motivate a reasonable employer, an employee must meet that reason head on and rebut it, and the employee cannot succeed by simply quarreling with the wisdom of that reason.’” (quoting Chapman, 229 F.3d at 1030 ) (emphasis omitted)); Hogan, 986 So. 2d at 645 (“[C]ourts ‘do not sit as a super-personnel department that reexamines an entity’s business decisions.’” (quoting Elrod v. Sears, Roebuck & Co., 939 F.2d 1466, 1470 (11th Cir. 1991))); see also Washingt…
cited Cited as authority (rule) Rao v. St. Jude Medical S.C., Inc.
D. Minnesota · 2022 · confidence medium
Reed v. Forney Indus., Inc., 800 F. App’x 782 , 785 (11th Cir. 2020); Hollywood v. Hogan, 986 So. 2d 634, 641 (Fla. Dist.
cited Cited as authority (rule) SCHOOL BOARD OF PALM BEACH COUNTY v. GARY GROOVER
Fla. Dist. Ct. App. · 2022 · confidence medium
City of Hollywood v. Hogan, 986 So. 2d 634, 641 (Fla. 4th DCA 2008).
discussed Cited as authority (rule) MARTINEZ v. CHERRY BEKAERT, LLP
S.D. Fla. · 2021 · confidence medium
Davis, 612 F. App’x at 987 (“At trial, Davis presented sufficient evidence of mental and emotional anguish to support the jury’s award of compensatory damages.”); City of Hollywood v. Hogan, 986 So. 2d 634, 649 (Fla. 4th DCA 2008) (finding that the evidence presented at trial was insufficient to support the award of emotional distress damages).
cited Cited as authority (rule) Regina v. The Weiss Gifted and Talented School, Inc.
S.D. Fla. · 2021 · confidence medium
Dist., 607 F. App’x 958 , 960–61 (11th Cir. 2015) (cleaned up) (quoting City of Hollywood v. Hogan, 986 So. 2d 634, 641 (Fla 4th DCA 2008)).
cited Cited as authority (rule) ELLIOTT YARO v. SCOTT J. ISRAEL, SHERIFF
Fla. Dist. Ct. App. · 2018 · confidence medium
Reeves v. Sanderson Plumbing Prod., Inc., 530 U.S. 133, 142 (2000); City of Hollywood v. Hogan, 986 So. 2d 634, 641 (Fla. 4th DCA 2008).
cited Cited as authority (rule) Bentley v. Miami Air International, Inc.
S.D. Fla. · 2017 · confidence medium
Dist., 607 Fed.Appx. 958, 960-61 (11th Cir. 2015) (quoting City of Hollywood v. Hogan, 986 So.2d 634, 641 (Fla. 4th DCA 2008)).
discussed Cited as authority (rule) In Re: Standard Jury Instructions in Civil Cases—report No. 16-01
Fla. · 2017 · confidence medium
Ex-ampies of “other intangible injuries” for which damages have been awarded under the FCRA include “emotional distress,” Munoz v. Oceanside Resorts, Inc., 223 F.3d 1340 , 1348-49 (11th Cir. 2000): “emotional injury,” City of Hollywood v. Hogan, 986 So.2d 634, 649-50 (4th DCA 2008): “humiliation and embarrassment,” Melluzzo v. Pub.
discussed Cited as authority (rule) Kogan v. Israel
Fla. Dist. Ct. App. · 2017 · confidence medium
“When the employer’s reasons are shown to be false, this provides circumstantial evidence probative of intentional discrimination.” City of Hollywood v. Hogan, 986 So.2d 634, 645 (Fla. 4th DCA 2008). 2 Even when the employer’s proffered reason is not completely false, however, the plaintiffs case does not necessarily fail.
discussed Cited as authority (rule) R.J. Reynolds Tobacco Co. v. Odom
Fla. Dist. Ct. App. · 2016 · confidence medium
Analysis a) Remittitur of the Compensatory Damage Award “We review an order denying a motion for remittitur or a new trial under an abuse of discretion standard.” City of Hollywood v. Hogan, 986 So.2d 634, 647 (Fla. 4th DCA 2008).
cited Cited as authority (rule) Philip Morris USA Inc. v. Putney
Fla. Dist. Ct. App. · 2016 · confidence medium
City of Hollywood v. Hogan, 986 So.2d 634, 647 (Fla. 4th DCA 2008).
cited Cited as authority (rule) City of Delray Beach v. DeSisto
Fla. Dist. Ct. App. · 2016 · confidence medium
“We review an order denying a motion for remittitur or new trial under an abuse of discretion standard.” City of Hollywood v. Hogan, 986 So.2d 634, 647 (Fla. 4th DCA 2008).
cited Cited as authority (rule) R.J. Reynolds Tobacco Company v. Joan Schoeff, as Personal Representative of the Estate of James Edward Schoeff
Fla. Dist. Ct. App. · 2015 · confidence medium
City of Hollywood v. Hogan, 986 So. 2d 634, 647 (Fla. 4th DCA 2008).
cited Cited as authority (rule) Philip Morris USA Inc. v. Putney
Fla. Dist. Ct. App. · 2013 · confidence medium
City of Hollywood v. Hogan, 986 So.2d 634, 647 (Fla. 4th DCA 2008).
discussed Cited as authority (rule) Philip Morris USA, Inc. v. Kayton
Fla. Dist. Ct. App. · 2012 · confidence medium
“Remittitur cannot be granted unless the amount of damages is so excessive that it shocks the judicial conscience and indicates that the jury has been influenced by passion or prejudice.” City of Hollywood v. Hogan, 986 So.2d 634, 647 (Fla. 4th DCA 2008) (quoting Weinstein Design Grp., Inc. v. Fielder, 884 So.2d 990, 1002 (Fla. 4th DCA 2004)).
cited Cited as authority (rule) Philip Morris USA Inc. v. Cohen
Fla. Dist. Ct. App. · 2012 · confidence medium
City of Hollywood v. Hogan, 986 So.2d 634, 647 (Fla. 4th DCA 2008).
discussed Cited as authority (rule) Philip Morris USA, Inc. v. Naugle
Fla. Dist. Ct. App. · 2012 · confidence medium
Co. v. Rindner, 996 So.2d 932, 934-35 (Fla. 4th DCA 2008) (quoting Glabman v. De La Cruz, 954 So.2d 60, 62 (Fla. 3d DCA 2007)). “ ‘Remittitur cannot be granted unless the amount of damages is so excessive that it shocks the judicial conscience and indicates that the jury has been influenced by passion or prejudice.’ ” City of Hollywood v. Hogan, 986 So.2d 634, 647 (Fla. 4th DCA 2008) (quoting Weinstein Design Group, Inc. v. Fielder, 884 So.2d 990, 1002 (Fla. 4th DCA 2004)).
cited Cited as authority (rule) R.J. Reynolds Tobacco Co. v. Webb
Fla. Dist. Ct. App. · 2012 · confidence medium
See Engle, 945 So.2d at 1263 ; City of Hollywood v. Hogan, 986 So.2d 634, 647 (Fla. 4th DCA 2008).
cited Cited as authority (rule) Sunbeam Television Corp. v. Mitzel
Fla. Dist. Ct. App. · 2012 · confidence medium
See Id.; City of Hollywood v. Hogan, 986 So.2d 634, 641 (Fla. 4th DCA 2008). .
cited Cited as authority (rule) Jose Diaz v. AIG Marketing, Inc.
11th Cir. · 2010 · confidence medium
City of Hollywood v. Hogan, 986 So.2d 634, 641 (Fla.Dist.Ct.App.2008).
discussed Cited as authority (rule) Progressive Select Insurance Co. v. Lorenzo (2×)
Fla. Dist. Ct. App. · 2010 · confidence medium
Co. v. Rindner, 996 So.2d 932, 934-35 (Fla. 4th DCA 2008) (quoting Glabman v. De La Cruz, 954 So.2d 60, 62 (Fla. 3d DCA 2007)). “ ‘Remittitur c6annot be granted unless the amount of damages is so excessive that it shocks the judicial conscience and indicates that the jury has been influenced by passion or prejudice.’ ” City of Hollywood v. Hogan, 986 So.2d 634, 647 (Fla. 4th DCA 2008) (quoting Weinstein Design Group, Inc. v. Fielder, 884 So.2d 990, 1002 (Fla. 4th DCA 2004)).
cited Cited as authority (rule) Dorestin v. Hollywood Imports, Inc.
Fla. Dist. Ct. App. · 2010 · confidence medium
City of Hollywood v. Hogan, 986 So.2d 634, 640-41 (Fla. 4th DCA 2008).
discussed Cited as authority (rule) Valenzuela v. Globeground North America, LLC
Fla. Dist. Ct. App. · 2009 · confidence medium
It is well-settled law that Florida courts follow the three-part framework set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-804 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973), and its progeny, 1 for establishing, *22 by circumstantial evidence, a discrimination claim based on disparate treatment in the workplace. 2 See City of Hollywood v. Hogan, 986 So.2d 634, 641-42 (Fla. 4th DCA 2008) (age discrimination); Dep’t of Children & Family Servs. v. Garcia, 911 So.2d 171 (Fla. 3d DCA 2005) (gender discrimination); Scholz v. RDV Sports, Inc., 710 So.2d 618, 624 (Fla. 5th DCA 1998) (racia…
cited Cited "see" ELLIOTT YARO v. SCOTT J. ISRAEL, SHERIFF
Fla. Dist. Ct. App. · 2018 · signal: see · confidence high
See City of Hollywood v. Hogan, 986 So. 2d 634, 641 (Fla. 4th DCA 2008).
discussed Cited "see" Knotts v. Grafton City Hospital
W. Va. · 2016 · signal: see · confidence high
See City of Hollywood v. Hogan, 986 So.2d 634, 641-43 (Fla.Dist.Ct.App.2008) (adopting “substantially younger” rule from O’Connor); Coryell v. Bank One Trust Co. N.A., 101 Ohio St.3d 175, 180 , 803 N.E.2d 781 , 787 (2004) (adopting “substantially younger” test because it is logically connected to the discrimination that the age discrimination statute seeks to prevent); Bd. of Educ. of Norwalk v. Comm’n on Human Rights & Opportunities, 266 Conn. 492 , 832 A.2d 660, 669 (2003) (“In an age discrimination case, the complainant need not establish that the pei’son who ultimately was …
cited Cited "see" Olen Properties Corp. v. Rebecca Cancel
Fla. Dist. Ct. App. · 2015 · signal: see · confidence high
See City of Hollywood v. Hogan, 986 So.2d 634 (Fla. 4th DCA 2008); see also § 768.74(5), Fla. Stat. (2013).
discussed Cited "see" Walker v. City of Pembroke Pines
Fla. Dist. Ct. App. · 2013 · signal: see · confidence high
See City of Hollywood v. Hogan, 986 So.2d 634, 641-42 (Fla. 4th DCA 2008) (adopting federal ADEA analysis for age discrimination claim under Florida Civil Rights Act of 1992; stating “[a]ge discrimination statutes protect only employment decisions which disadvantage an older worker in favor of a younger worker”) (citing Gen.
discussed Cited "see" Petrik v. City of Pembroke Pines
Fla. Dist. Ct. App. · 2013 · signal: see · confidence high
See City of Hollywood v. Hogan, 986 So.2d 634, 641-42 (Fla. 4th DCA 2008) (adopting federal ADEA analysis for age discrimination claim under Florida Civil Rights Act of 1992; stating “[a]ge discrimination statutes protect only employment decisions which disadvantage an older worker in favor of a younger worker”) (citing Gen.
cited Cited "see" City of West Palm Beach v. McCray
Fla. Dist. Ct. App. · 2012 · signal: see · confidence high
See City of Hollywood v. Hogan, 986 So.2d 634 , 640M1 (Fla. 4th DCA 2008).
examined Cited "see" City of Miami v. HERVIS (4×)
Fla. Dist. Ct. App. · 2011 · signal: see · confidence high
Mary's Honor Ctr., 509 U.S. at 510-11 , 113 S.Ct. 2742 (citation omitted); see City of Hollywood v. Hogan, 986 So.2d 634, 644 (Fla. 4th DCA 2008) (finding that "credibility is not an issue at [this] juncture" where the burden "shifted to the City to provide an explanation that [police officers] were rejected or other officers were preferred for promotion for a legitimate non-discriminatory reason").
discussed Cited "see, e.g." MARLYN TRACEY v. WELLS FARGO BANK N. A.
Fla. Dist. Ct. App. · 2019 · signal: compare · confidence medium
Compare City of Delray Beach v. DeSisto, 197 So. 3d 1206, 1210 (Fla. 4th DCA 2016) (reversing and remanding with instructions for trial court to enter a remittitur order consistent with other " 'garden variety' cases where the plaintiff generally testified that it experienced stress without medical or psychological evidence of emotional pain and suffering" (quoting City of Hollywood v. Hogan, 986 So. 2d 634, 650 (Fla. 4th DCA 2008))); with Truelove v. Blount, 954 So. 2d 1284, 1289-90 (Fla. 2d DCA 2007) (reversing order denying motion for remittitur and remanding "for further proceedings on the…
discussed Cited "see, e.g." Young v. Becker & Poliakoff, P.A.
Fla. Dist. Ct. App. · 2012 · signal: see also · confidence medium
“Under Florida law, a trial court’s determination of whether a damage award is excessive, requiring a remittitur or a new trial, is reviewed by an appellate court under an abuse of discretion standard.” Engle v. Liggett Group, Inc., 945 So.2d 1246, 1263 (Fla.2006); see also City of Hollywood v. Hogan, 986 So.2d 634, 647 (Fla. 4th DCA 2008); Weinstein Design Group, Inc. v. Fielder, 884 So.2d 990, 1002 (Fla. 4th DCA 2004).
Paul Timothy KING, Petitioner,
v.
STATE of Florida, Respondent.
1D08-1805.
District Court of Appeal of Florida, Fourth District.
Jun 3, 2008.
986 So. 2d 634
Per Curiam.
Published

Paul Timothy King, pro se, Petitioner.

Bill McCollum, Attorney General, Tallahassee, for Respondent.

PER CURIAM.

DISMISSED. See Baker v. State, 878 So.2d 1236 (Fla.2004).

BARFIELD, VAN NORTWICK, and PADOVANO, JJ., concur.