Saunders v. Flippo

CRIST, Judge.

Defendants, husband and wife, appeal from an adverse judgment in plaintiff’s ac*412tion to replevy his pickup truck. Finding plaintiff to be the owner of the truck and entitled to its possession, the jury awarded him $500.00 damages for the truck’s depreciation during its detention by defendants, and further assessed punitive damages of $4,000.00 against defendant husband and $500.00 against defendant wife. Defendants correctly contend the jury was given an erroneous instruction on punitive damages. We reverse and remand for a new trial.

The dispositive issue on appeal is such that a…