the generalized Engle Phase I findings. As we held in Kayton, the statute of repose is an individualized defense that can be adjudicated only based on the particular circumstances of each plaintiff. Kayton, 104 So.3d at 1150. Similar to Kayton, the entry of a partial summary judgment on the statute of repose defense deprived the Tobacco Companies of them right to defend on that issue and have the jury make the determination. Id. at 1151. Thus, we reverse the punitive damages award because it was based on the conspiracy claim. Like the situation in Kayton, the punitive damage award was not excessive, and we will allow the award to stand if on re-trial prevails on the statute of repose issue. Id.; see Cohen; see also Elmore v. Fla. Power Light Co., 895 So.2d 475, 479 (Fla. 4th DCA 2005) (<HOLDING>). Conclusion We affirm the trial court’s denial
holding that superior court erred in reversing trial courts order granting new trial and remanding for a new trial limited to apportionment of damages holding that the trial court erred in granting the school boards posttrial motion for directed verdict because although the school board timely moved for a directed verdict during trial it did not serve its motion for directed verdict until the eleventh day after the verdict holding that trial court erred by granting a directed verdict on statute of limitations defense and remanding for a new trial on the statute of limitations only holding that superior courts erred in granting judgment nov on a wrongful death claim and remanding for new trial on that claim and on damages holding that superior court erred in granting judgment nov and remanding for a new trial generally