DELICES v. TUCKER

UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
VILES DELICES,
Plaintiff,
vs. Case No.: 3:24cv284/LC/ZCB
PRESTON TUCKER,
Defendant.
_____________________/
ORDER
The magistrate judge issued a Report and Recommendation on January 21,
2026. (Doc. 48). The Court furnished the parties a copy of the Report and
Recommendation and afforded an opportunity to file objections pursuant to Title
28, United States Code, Section 636(b)(1). I have made a de novo determination of
all timely filed objections.
Having considered the Report and Recommendation, and the objections filed
by Plaintiff, I have determined the Report and Recommendation should be
adopted.
Accordingly, it is ORDERED:
1. The magistrate judge’s Report and Recommendation (Doc. 48) is
adopted and incorporated by reference in this order.
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2. Defendant’s motion for partial summary judgment (Doc. 43) is
GRANTED in part to the extent that Plaintiff’s breach of fiduciary duty claim be
dismissed and his claim for compensatory damages resulting from mental or
emotional harm be dismissed.
3. Defendant’s motion for partial summary judgment (Doc. 43) is
DENIED in part to the extent that it seeks dismissal of the punitive damages
claim and a limitation of the amount of nominal damages Plaintiff could receive at
trial.
4. This case is recommitted to the magistrate judge for further
proceedings.
ORDERED on this 12th day of March, 2026.
s/L.A. Collier
Lacey A. Collier
Senior United States District Judge
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