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LOHR v. BYRD

No. 68836.

522 So.2d 845 (1988)

James H. LOHR, Etc., et al., Petitioners, v. Hattie Mae BYRD, Respondent.

Supreme Court of Florida.

April 14, 1988.

Attorney(s) appearing for the Case

Richard A. Sherman and Rosemary B. Wilder of the Law Offices of Richard A. Sherman, P.A., Fort Lauderdale, for petitioners.

Roy B. Dalton, Jr. of Dalton & Provencher, P.A., Orlando, and Marcia K. Lippincott of the Law Offices of Marcia K. Lippincott, P.A., Orlando, for respondent.

Russell S. Bohn of the Law Offices of Edna L. Caruso, P.A., West Palm Beach, amicus curiae for Academy of Florida Trial Lawyers.

OVERTON, Justice.

This is a petition to review Byrd v. Lohr, reported at 488 So.2d 138 (Fla. 5th DCA 1986), in which the Fifth District Court of Appeal held that punitive damages may be charged against a tortfeasor's estate. The district court expressed concern with its holding and certified the following question as one of great public importance:

MAY PUNITIVE DAMAGES BE AWARDED AGAINST A DECEASED TORTFEASOR'S ESTATE...

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