Olen Properties Corp. v. Rebecca Cancel , 178 So. 3d 437 ( 2015 )

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
OLEN PROPERTIES CORP.,
Appellant,
v.
REBECCA CANCEL,
Appellee.
No. 4D14-1180
[ October 7, 2015 ]
Appeal from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; Carol Lisa-Phillips, Judge; L.T. Case No. CACE 05-
011951 (25).
Robert Rivas of Sachs Sax Caplan, P.L., Tallahassee, for appellant.
Julie H. Littky-Rubin of Clark, Fountain, La Vista, Prather, Keen &
Littky-Rubin, LLP, West Palm Beach, and Marlowe J. Blake of Marlowe J.
Blake, P.A., Boca Raton, for appellee.
PER CURIAM.
In this sex discrimination and retaliation case, we reverse the $700,000
award of non-economic damages as excessive. See City of Hollywood v.
Hogan, 986 So. 2d 634 (Fla. 4th DCA 2008); see also § 768.74(5), Fla. Stat.
(2013). We remand for the trial court to determine a remittitur amount,
or to order a new trial on non-economic damages if the party adversely
affected by the remittitur does not agree to the remitted amount. See §
768.74(4), Fla. Stat. (2013).
We affirm on all other issues raised in this appeal.
Affirmed in part, Reversed in part, and Remanded for further
proceedings.
GROSS and TAYLOR, JJ, and SHEPHERD, CAROLINE, Associate Judge, concur.
* * *
Not final until disposition of timely filed motion for rehearing.
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