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PANTRY PRIDE ENTERPRISES v. VELAZQUEZ

No. 86-1325.

503 So.2d 429 (1987)

PANTRY PRIDE ENTERPRISES, INC., a Foreign Corporation, and Myron Bimonte, Appellants, v. John VELAZQUEZ, Appellee.

District Court of Appeal of Florida, Third District.

March 3, 1987.

Attorney(s) appearing for the Case

McDermott, Will & Emery and James E. McDonald, Steven E. Siff, and Catherine A. Gaudreau, Miami, for appellants.

James C. Blecke, Miami, High, Stack, Lazenby, Palahach & Lacasa, Coral Gables, for appellee.

Before NESBITT, DANIEL S. PEARSON and JORGENSON, JJ.

PER CURIAM.

We affirm the judgment for compensatory damages. See Ferguson v. Seaboard Air Line R.R., 400 F.2d 473, 475 (5th Cir.1968) ("Florida adheres to the `election of remedy' theory"). We reverse the award of punitive damages, however, upon a holding that the evidence taken in the light most favorable to Velazquez is, nevertheless, insufficient to establish the necessary willful and wanton misconduct required by law. ...

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