Court may not award a legally excessive jury award of nominal damages when jury was not permitted to award compensatory damages.

The First District Court of Appeal reversed an award of $80,000 in nominal damages as legally excessive. When the appellants failed to present sufficient evidence of compensatory damages, the trial court instructed the jury to consider awarding nominal damages, punitive damages, or both. The trial court also answered a jury question that there was no limit to nominal damages. On appeal, relying upon federal case law, the First District Court of Appeal held that a court may not award a legally excessive jury award of nominal damages when a jury was not permitted to award compensatory damages.

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