BOBBY JOE PROFFITT, APPELLANT,
v.
MARSHA LYNN PROFFITT, APPELLEE
BOBBY JOE PROFFITT, APPELLANT,
MARSHA LYNN PROFFITT, APPELLEE
372 So. 2d 954
Florida District Court of Appeal, First District (1979)
Caution
Cited by 29 cases
Opinion of the Court
ERVIN, Judge.
The parties agree, as do we, that there was no evidence supporting the trial court’s finding that the home in which the parties lived during marriage was owned jointly. The court’s conclusion that upon dissolution the home was owned by each as tenants in common was error, and the case is remanded to the trial court for a determination whether the wife had an interest in the home which would otherwise justify an award of the home to her. ROBERT P. SMITH, Jr., Acting C. J., and LARRY G. SMITH, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
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Muroff v. Dill, 386 So. 2d 1281 (Fla. 4th DCA 1980)…irected a verdict against the plaintiff. The supreme court reversed and held that, notwithstanding the absence of proof of loss or damage, the plaintiff was entitled to [*1284] nominal damages. More recently, in Beverage Canners, Inc. v. Cott Corp., 372 So. 2d 954, 956 (Fla. 3d DCA 1979), the court held: Nominal damages may be awarded when the breach of an agreement or invasion of a right is established, since the law infers some damage to the injured party; where there is insufficient evidence presented to…
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Himes v. Brown & Co. Sec. Corp., 518 So. 2d 937 (Fla. 3d DCA 1987)…easonable degree of certainty, rather than by means of speculation and conjecture, the claimant may not recover such damages. Crain Automotive Group, Inc. v.J&M Graphics, Inc., 427 So. 2d 300 (Fla. 3d DCA 1983); Beverage Canners, Inc. v. Cott Corp., 372 So. 2d 954 (Fla. 3d DCA 1979); Bluevack, Inc. v. Walter E. Heller & Co., 331 So. 2d 359 (Fla. 3d DCA 1976); Royal Typewriter Co. v. Xerographic Supplies Corp., 719 F. 2d 1092, 1105 (11th Cir.1983); Center Chemical Co. v. Avril, Inc., 392 F. 2d 289 (5th Cir.196…
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R & B Holding Co., Inc. v. Christopher Advertising Grp., Inc., 994 So. 2d 329 (Fla. 3d DCA 2008)…stener Corp. of Am., Inc., 611 So. 2d 564 (Fla. 4th DCA 1992). Where the plaintiff establishes the invasion of a right but presents legally insufficient proof of damages, an “award of nominal damages is proper.” Beverage Canners, Inc. v. Cott Corp., 372 So. 2d 954, 956 (Fla. 3d DCA 1979); see also Greater Coral Springs Realty, Inc. v. Century 21 Real Estate of S. Fla., Inc., 412 So. 2d 940, 941 (Fla. 3d DCA 1982); 9 Fla. Jur. 2d Damages §§ 5-6 (2004). In this case a conversion of the Unreturned Items was esta…
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