940 Ocean Drive, LLC v. Sobe USA, LLC

Summary

The Florida Third District Court of Appeal denied 940 Ocean Drive, LLC’s motion for rehearing and clarification. The court explained that the trial court’s fee judgment had been affirmed without discussion and clarified that its reversal of the punitive-damages award required further proceedings concerning both entitlement and amount because the tenant had not met the clear-and-convincing-evidence burden.

Holdings

1. The court did not overlook the fee judgment; the fee judgment was affirmed without discussion, and the motion for rehearing and clarification was denied.
2. The remand included a retrial on both entitlement to punitive damages and the amount of punitive damages.

Questions Presented

1. Whether the appellate court overlooked or failed to adjudicate the trial court's fee judgment.
2. Whether the remand for further proceedings concerning punitive damages included both entitlement to punitive damages and the amount of punitive damages.

Disposition

other