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STATE OF FLORIDA, DEPARTMENT OF CORRECTIONS, APPELLANT, v. KEVIN NIOSI, APPELLEE.

PER CURIAM.

This case was before this court previously ( see State v. Niosi, 552 So.2d 244 (Fla. 4th DCA 1989)), and this court did then reverse the award of damages in the sum of $20,000.00 and remand with the instruction to reduce the award "to nominal damages only." Upon remand the trial court reduced the damage award to $750.00. Appellant again appeals. We reverse and remand with instructions to award nominal damages in a sum not to exceed $1.00. In our opinion the sum of $750 exceeds nominal damages. See Baden v. Sunset Fuel Co., 225 Or. 116, 357 P.2d 410 (1960); Gould v. Mountain States Tel. Tel. Co., 6 Utah 2d 187, 309 P.2d 802 (1957).

We affirm the award of costs.

Affirmed in part; reversed in part; remanded for further proceedings consistent herewith.

DOWNEY and FARMER, JJ., and WALDEN, JAMES H., Senior Judge, concur.

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STATE, DEPT. OF CORRECTIONS v. NIOSI
(Aug 14, 1991)