Olen Properties Corp. v. Rebecca Cancel

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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 05011951 (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. 2

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