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LANE v. C. WARD MOTORS, INC.

No. 72-352.

273 So.2d 424 (1973)

Leroy LANE, Appellant, v. C. WARD MOTORS, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

February 26, 1973.

Attorney(s) appearing for the Case

Peter S. Penrose, of Burdick & Daves, West Palm Beach, for appellant.

Hubert R. Lindsey, of Farish & Farish, West Palm Beach, for appellee.

PER CURIAM.

On the basis of our review of the briefs, record on appeal and oral argument we are of the opinion that insofar as the award of punitive damages is concerned a genuine issue of material fact exists with respect to whether defendant's alleged trespass upon plaintiff's property was wilful, and "with oppression, force and malice". Humphrys v. Jarrell, Fla.App. 1958, 104 So.2d 404

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