SIMEON, INC. v. COX

No. 94-945.

655 So.2d 156 (1995)

SIMEON, INC., d/b/a Mega Movies and Martin Traub, Petitioners, v. Donna COX and Michael Cox, Husband and Wife, and Juanita Arnold and Matthew Arnold, Husband and Wife, Respondents.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 6, 1995.


Attorney(s) appearing for the Case

Shelley H. Leinicke of Wicker, Smith, Tutan, O'Hara, McCoy, Graham & Lane, P.A., Fort Lauderdale, for petitioners.

Kurt Erlenbach of Erlenbach & Erlenbach, P.A., Titusville, for respondents.


HARRIS, Chief Judge.

Petitioner Simeon, Inc., the defendant below, seeks a writ of certiorari. Respondents' complaint included a claim for punitive damages, and Simeon contends that the trial court departed from the essential requirements of law in failing either to dismiss the complaint or to strike the claim for punitive damages. We deny the writ.

This court took the position in Sunrise Olds-Toyota, Inc. v. Monroe, 476 So.2d 240<...

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