
    MILTON CARPENTER INSURANCE COMPANY, INC., Appellant, v. Francisco MERCADO and Gloria Mercado, his wife, and Paul Kornya, Appellees.
    No. 4-86-0483.
    District Court of Appeal of Florida, Fourth District.
    Jan. 14, 1987.
    Larry Klein and Julie Pressly of Klein & Beranek, P.A., and Albury & Heuer, West Palm Beach, for appellant.
    David C. Wiitala of Ingalsbe, McManus, Wiitala & Contóle, P.A., North Palm Beach, for appellees.
   PER CURIAM.

We treat this as a petition for writ of certiorari and it is hereby denied.

LETTS and WALDEN, JJ., concur.

GLICKSTEIN, J., concurs specially with opinion.

GLICKSTEIN, Judge,

concurring specialty-

I write to explain what we have done. This proceeding began as a non-final appeal by the defendant from a “[p]artial summary judgment determining liability in favor of a party seeking affirmative relief.” The trial court said:

This holding is limited to a determination that the corporate defendant is legally liable to Plaintiffs for such acts of its officer, PAUL KORNYA, as are alleged in Counts IV, VI, VIII and IX, if a jury should determine that KORNYA in fact committed these acts.

Appellant’s sole point on appeal was as follows:

An insurance agency whose officer-employee embezzles a premium, unbeknownst to the agency, is not liable for punitive damages or other penalties, because the act was outside the scope of employment.

We have concluded as the majority has indicated.  