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ORKIN EXTERMINATING CO., INC. v. CLAY

Nos. 80-1479, 80-1480.

404 So.2d 755 (1981)

ORKIN EXTERMINATING COMPANY, INC., Appellant, v. Charles R. CLAY and Linda K. Clay, His Wife, Ronald Dale Yost and Erna Yost, His Wife, and Jacksonville National Bank, a National Banking Corp., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 15, 1981.

Attorney(s) appearing for the Case

J. Lester Kaney of Cobb & Cole, Daytona Beach, for appellant.

J. David McFadden, Daytona Beach, for appellees Charles R. Clay and Linda K. Clay, his wife.

James H. Post of Smith, Hulsey, Schwalbe & Nichols, Jacksonville, for appellee, Jacksonville National Bank.

No appearance for appellee Yost.

PER CURIAM.

That portion of the judgment which awards punitive damages is reversed and this cause is remanded for a new trial under the dictates of the law established in Mercury Motors Express, Inc. v. Smith, 393 So.2d 545 (Fla. 1981).

AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

DAUKSCH, C.J., and SHARP and COWART...

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