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BURLING v. DEPARTMENT OF REVENUE

Nos. 88-0094, 88-0965.

549 So.2d 820 (1989)

Richard S. BURLING, As Administrator of the Estate of Richard Ernst, Jr., Deceased, Appellant, v. DEPARTMENT OF REVENUE OF the STATE OF FLORIDA, South Florida Yacht Sales, Inc., d/b/a Sailfish Marina, Michael Gregory, and Jersey Boats, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

October 11, 1989.

Attorney(s) appearing for the Case

Barbara J. Compiani and Larry Klein of Klein, Beranek & Walsh, West Palm Beach, and William E. Guy, Jr., Stuart for appellant.

Joseph L. Mannikko of Frasier & Mannikko, Port St. Lucie, for Appellee — South Florida Yacht Sales Inc., d/b/a/ Sailfish Marina.

PER CURIAM.

We affirm the award of attorney's fees but reverse the judgment for damages and remand with directions that judgment be entered for $3,000.00 plus legal interest. We find that the maximum damages proven for the civil theft claim were in the amount of $1,000.00. Accordingly, the maximum amount of damages recoverable under the civil theft statute is three times that amount, or $3,000.00.

ANSTEAD, GLICKSTEIN and WARNER...

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