1. What must be present to justify an award of punitive damages?
2. What kinds of activities did the court indicate the jury could have considered that would have sustained its conclusion that Wilen acted maliciously in committing the trespass?

Sue Walker, J.
Opinion: I. Introduction
This appeal arises from a trespass suit brought by Appellee William Falkenstein against his neighbor, Appellant John C. Wilen, for causing a tree service to trim a tree on Falkenstein’s property. The trial court entered judgment in accordance with the jury’s verdict, awarding Falkenstein $5,300.00 in actual damages, $18,000.00 in exemplary damages, and attorney’s fees of $29,700.00..