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GORDON v. STATE

No. 90-2497.

585 So.2d 1033 (1991)

Harvey GORDON, Appellant, v. STATE of Florida, K-Mart Corporation, Etc., et al., Appellees.

District Court of Appeal of Florida, Third District.

August 27, 1991.

Attorney(s) appearing for the Case

Bernard B. Weksler, Coral Gables, for appellant.

Robert A. Butterworth, Atty. Gen., and Craig B. Willis, Asst. Atty. Gen., Tallahassee; Peters Pickle Niemoeller Robertson Lax & Parsons and Yvette Rhodes Prescott, Miami, for appellees.

Roy D. Wasson, Miami, for Academy of Florida Trial Lawyers as amicus curiae.

Mershon Sawyer Johnston Dunwody & Cole and Edward T. O'Donnell, Miami, for Product Liability Advisory Council as amicus curiae.

Before SCHWARTZ, C.J., and NESBITT and GERSTEN, JJ.

SCHWARTZ, Chief Judge.

By this decision, we uphold the legislature's authority to allot a portion of a punitive damages award to the state.

I

Harvey Gordon was falsely imprisoned and battered by employees of K-Mart Corporation in an incident which occurred in one of its stores on February 16, 1987. In the ensuing action by Gordon against K-Mart, he recovered a jury verdict for $72,500 in compensatory damages and $512,600 in punitive damages. A final...

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