INTERNATIONAL EQUIPMENT CO., APPELLANT,
v.
TOWN SANDWICH SHOP, INC., ET AL., APPELLEES

Fla. 3d DCA | 1978-10-03
No. 77-2678
Before PEARSON, BARKDULL and KEHOE, JJ.
369 So. 2d 955 Florida District Court of Appeal, Third District (1978) Positive Treatment
Cited by 2 cases
Topics
Counterclaim For Damages Enforcement Of Settlement Agreement Competent Substantial Evidence

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Opinion of the Court
KEHOE, Judge.

KEHOE, Judge.

Appellant, plaintiff below, brings this appeal from an order granting appellees’, defendants below, motion for enforcement of a settlement agreement, a final judgment in favor of appellees’ on their counterclaim in the amount of $64,000, and an order denying their motion to vacate, amend, or set aside the final judgment.

We have carefully reviewed each of the points raised by appellant on appeal, and have concluded that, except as to one, they are without merit. We believe that, as contended by appellant, the trial court erred in entering a final judgment for damages in the amount of $64,000 on appellees’ counterclaim because there was no testimony, or other substantial competent evidence, proffered to enable the trial court to properly ascertain the amount of the actual damages involved in this case. See, e. g., United Steel & Strip Corp. v. Monex Corporation, 310 So. 2d 339 (Fla.3d DCA 1975). Accordingly, the orders and judgment appealed are affirmed, except that portion of the final judgment allowing damages in the amount of $64,000 is reversed, and the cause is remanded for further proceedings consistent with this opinion.

Reversed and remanded.

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  • Airborne Freight Corp. v. Fleming Int'l Airways, Inc., 423 So. 2d 921 (Fla. 3d DCA 1982)
    …mination which would support an award for lost profits makes it unnecessary for us to separately address Airborne’s contentions that (1) Fleming’s showing of lost profits was insufficient, see International Equipment Co. v. Town Sandwich Shop, Inc., 369 So. 2d 955 (Fla. 3d DCA 1978) (holding that plaintiff has the duty to prove actual damages); and (2) prejudgment interest could not be awarded for lost profits which were unliquidated and which were capable of calculation only on the basis of conflicting evide…

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