Legal Question in Civil Litigation in Florida

malicious intent

I sued in small claim court for security deposit on rent. After filing suit the landlord returned my deposit that I refused cause I wanted legal fees. $155 court and $20 sheriff to serve papers. Pretrial mediation yielded nothing and went to pre trial. Since refund attempted it's admission was owed. Judge asked why not court cost and eventually stated not authorized to pay court cost. Judge told him(landlord lawyer) to get authorized and set status hearing. Still no word and more delays. I believe I can prove malicious intent, financial harm and would like to ask for punitive damages. Is this possible in civil court or am i pushing it? I am fully aware of FL statue on renter and landlord and I followed it to tee.


Asked on 9/30/06, 9:46 am

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: malicious intent

Nope -- you are pushing it. Can't get punitives. You will get court costs, filing fees and service of process fees. Remember to ask for interest. you are entitled to prejudgment interest on your rent, from the date it should have been returned, and prejudgment interest on filing fee and service fee from the date it was paid. isn't much (7% I think) but go get it!

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Answered on 9/30/06, 12:31 pm


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