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• Process was served upon all party defendants, none
of them filed any pleadings and eventually a default was entered
against them. All of the defendants were notified of a trial on
the question of damages, but no one appeared to contest that issue- -
either. A jury returned a verdict in December 1976.
In-June 1977 appellant obtained a writ of execution
- on-said--judgment and- appellee,__Aetna-,moved to stay the writ pur-
suant to Florida Rule of Civil Procedure 1.550(b). Said motion
alleged a) that Ewing was a private investigator licensed in New
Jersey; b) that under the law of New Jersey a surety bond in the
amount of $3,000 is required, which-Aetna furnished; c) that in
the suit against the appellees Aetna had relied upon the repre- -
sentation of Ewing's attorney, one Gregory Sharkey, that he would
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provide a defense for Aetna and that through oversight or neglect
no such defense was provided and the judgment in question ensued;
d) Aetna, as a surety, is only liable for $3,000 of-the judgment;
e) Aetna believes appellants will seek to enforce the-entire judg-
went against it. A copy of a purported surety bond was attached
to the unsworn motion. At a hearing held on said motion the only
evidence adduced was an affidavit of counsel for appellant which
demonstrates appellees were on notice of all proceedings leading
up to the final judgment. In fact no contention was ever made
otherwise ~in the trial court nor here. The trial court entered
an order granting the motion to stay as to Aetna for any amount
in excess of $5,000. In other words, the trial court stayed that
part of the judgment against Aetna which represented the punitive
damages. The reason ascribed for this holding was that "the law
of Florida does not support collection of any punitive damages
• from the insurance carrier in this case." It is noteworthy that
the trial judge also stated. in that order:
The Court further finds that Defendant -
AETNA CASUALTY & SUP.ETY COtSPANY, having f
failed to enter a defense limiting its
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