LAJENNIFER J. HARBIN, APPELLANT v. JOHNNY JENNINGS; HFAC-1, INC. F/K/A NATIONAL PICTURE AND FRAME COMPANY; AND NPF COMPANY F/K/A NATIONAL PICTURE AND FRAME COMPANY F/K/A NPF ACQUISITION COMPANY F/K/A NATIONAL PICTURE AND FRAME COMPANY, APPELLEES, 734 So. 2d 269

Summary

Plaintiff sued defendants photographer and picture frame company for allowing her photograph to be used for commercial purposes without permission. The jury returned a verdict for plaintiff awarding both actual and punitive damages, but the trial court ordered a partial remittitur of both awards. Plaintiff appealed, and defendants cross-appealed. The court reversed the judgment for plaintiff, rendering her appeal moot. The trial court correctly granted a directed verdict on liability only because proof of actual injury was not an essential element for a willful tort, such as the one alleged by plaintiff. There was a significant question of fact as to whether plaintiff's proof of her emotional damages warranted an award of actual damages. Actual damages were a prerequisite to the jury's right to consider punitive damages. The trial court erred in instructing the jury, as a matter of law, the proof demonstrated some amount of actual damage, and its sole question was to determine the ...