NATIONAL COMMUNICATIONS INDUSTRIES, INC., APPELLANT,
v.
VINCENT TARLINI, APPELLEE
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The court held that the plaintiff's testimony regarding damages was not competent evidence because it was inadmissible hearsay, improper non-expert opinion, and not tied to the time of the breach.
The plaintiff won a contest prize of a trip to Rome but never took it and sued the contest company. During trial, the plaintiff was allowed to testify…
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PER CURIAM.
Appellee entered and won a contest for which the prize was a trip to Rome for two, including transportation, hotel accommodations, and rental car. For various disputed reasons which are not at issue on this appeal, he never took the trip to Rome and he sued the company that ran the contest. During the trial before the court below, appellee was allowed to testify, over objection, as to the amount of damages suffered, based on his conversations with travel agents.
Appellant urges that the testimony given by Mr. Tarlini as to the amount of damages was not competent evidence and, therefore, the $1,700.00 damage award was improper. We agree and reverse.
The testimony was not competent for several reasons. First of all, it was inadmissible hearsay. Secondly, it was opinion testimony by a non-expert and did not come within the exception which would allow non-experts to testify on a subject within common knowledge or about matters they themselves perceive. Finally, the rates testified to were not shown to be available within the time frame of the breach of contract. The damage must be determined as of the date of the breach of contract. Fowler v. Smoak, 57 So. 2d 429 (Fla.1952).
Accordingly, we reverse and remand for a new trial on the issue of damages.
McCORD, C. J., and MILLS and SMITH, JJ., concur.
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Grossman Holdings Ltd. v. Hourihan, 414 So. 2d 1037 (Fla. 1982)…rial court’s refusal to consider awarding damages because of the then-current value of the house to be incorrect. Damages for a breach of contract should be measured as of the date of the breach. National Communications Industries, Inc. v. Tarlini, 367 So. 2d 670 (Fla. 1st DCA 1979); Lake Region Paradise Island, Inc. v. Graviss, 335 So. 2d 341 (Fla.2d DCA 1976). Fluctuations in value after the breach do not affect the nonbreaching party’s recovery. Here, it may be possible to demonstrate a difference in valu…
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R.A.P. v. State, 575 So. 2d 277 (Fla. 1st DCA 1991)…he value of the damage was approximately $1,200. Sweat’s testimony constituted inadmissible hearsay, which was properly objected to and therefore cannot be used to sustain the adjudication. See, e.g., National Communications Indus., Inc. v. Tarlini, 367 So. 2d 670 (Fla. 1st DCA 1979) (in case involving canceled trip to Rome, plaintiff’s testimony as to the amount of damages suffered, which was based upon his conversations with other travel agents, was inadmissible hearsay and lay opinion testimony). The stat…
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Celsius Holdings, Inc. v. D3M Licensing Grp., LLC (Fla. 4th DCA 2024)…8, 111 (Fla. 4th DCA 1999)). However, “[d]amages for a breach of contract should be measured as of the date of the breach.” Grossman Holdings Ltd. v. Hourihan, 414 So. 2d 1037, 1040 (Fla. 1982) (first citing Nat’l Commc’ns Indus., Inc. v. Tarlini, 367 So. 2d 670 (Fla. 1st DCA 1979); and then citing Lake Region Paradise Island, Inc. v. Graviss, 335 So. 2d 341 (Fla. 2d DCA 1976)). As a result, fluctuations in value occurring after the breach should not be considered and do not affect the recovery allowed. I…
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