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MAY v. PROBY

No. 84-1633.

490 So.2d 1335 (1986)

George MAY, Appellant/Cross Appellee, v. Grant S. PROBY, Appellee/Cross Appellant.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 31, 1986.

Attorney(s) appearing for the Case

Marjorie Gadarian Graham of Jones & Foster, P.A., West Palm Beach, for appellant/cross appellee.

Frates & McCall, Palm Beach, and Edna L. Caruso of Edna L. Caruso, P.A., West Palm Beach, for appellee/cross appellant.

PER CURIAM.

Appellant, Michael May, Sr., having been dismissed from this appeal on February 6, 1986, the appeal continues and our opinion applies only as to appellant, George May.

With the exception of the award of punitive damages we affirm as to the issues on appeal and cross appeal. We reverse the punitive damages award against George May in its entirety because the conduct involved, while illegal and negligent, was not "`of the character of negligence...

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