George Pierce v. Town Hastings

This issue on this appeal is whether a cap of $50,000 can be imposed on appellant George Pierce's $65,000 judgment against appellee, town of Hastings. Pierce filed a complaint against the Town in 1980, alleging two counts of malicious prosecution and two counts of false imprisonment arising from incidents on November 26, 1978 and December 31, 1978, in which the town sought to punish Pierce for violating a town ordinance regulating Sunday business operation. The initial suit resulted in a $44,000 final judgment for Pierce on December 7, 1981. The trial court ordered a remittitur to $23,800, or a new trial, and Pierce appealed. This court affirmed without opinion. Pierce v. Town of Hastings, 427 So.2d 757 (Fla. 5th DCA 1983). On remand, the trial court, determining that Pierce had waived the remittitur by appealing, ordered new trial on damages. A new brand was held, resulting in a final judgment for Pierce of $65,000 plus costs entered on July 2, 1984. The town then appealed that judgment, and, again, this court affirmed without opinion. Town of Hastings v. Pierce, 469 So.2d 767 (Fla. 5th DCA 1985).