HomeMy WebLinkAbout0453 3~63~3 .
IN THE CIRCUIT COURT OF THE
NINBTSSNTH JUDICIAL CIRCUIT
~ . IN AND FOR ST LUCIB COUNTY,
. FLORID~A
CASB NUMBER: 75-1124-CA
JACQUELINE WYCOFF, )
) ~
Plaintiff, ) '
ve. )
)
WILLIAM WYCOFF, THOMAS )
EWING and AETNA CASUALTY )
bc SURBTY COI~ANY, ) . ~
Defendants. )
~
0 R D E R
THIS~CAUSE came on to be heard on Defendant, AETNA CASUALTY
~ SURETY C~ANY' S~~fa~ivn c~ 3~$y E~eci~~ivn vi t~~ ~~~~3. Ju~~-rtt
entered in this matter on December 14, 1976. Following trial, the
~ury retumed a verdict for the Plaintiff assessing compensatory
damagea in the amount of $5,000 and punitive damages in the amount
of $10,000. Subsequently, the Clerk of Court issued a writ of
execution co~anding execution of the entire sum of $15,000 with
~j interest from the date of thQ judgment against Defendant, AETNA .
~
E
F lIlfa7YlfLl l ~ SYI~~ CVI7CAL,1 • .
k
~
~ The Court has heard argument of counsel and has considered the
Memoranda of Law filed bq counsel and find that the law of Florida
does not support collection of any punitive damages from the insurance
carrier in this case. The Court further finds that Defendant, AETNA
CASUALTY ~ SURETY COI~ANY, having failed to enter a defense limiting
its liability for compensatory damages to the penalty stated in its
bond cannot seek relief from execution in the full amount of
compensatory da~ages awarded Plaintiff, such defense having been
waived. ~
Upon consideration, it is
ORDERED AND ADJUDGED that execution be stayed against Defendant
AETNA CASUALTY ~ SURETY COI~ANY for any amount in excess of the sum
~°ooK273 ~ . 451
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