ASHER MELZER, APPELLANT,
v.
JACOB AGAY H. AND SANINA, N.V., APPELLEES
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The court held that the plaintiff was not entitled to specific performance or injunctive relief, and the defendants failed to establish actionable fraud or consequential damages for breach of contract.
[1] A former employee seeking specific performance or injunctive relief on an employment contract has an adequate remedy at law in damages for breach of contract.
[2] A cause of action for fraud requires proof of injury to the defendant, not merely enrichment of the plaintiff.
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Join FLexlaw to unlock all legal intelligencePlaintiff sued for specific performance and injunctive relief on an employment contract. Defendants counterclaimed for fraud and breach of contract, s…
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PER CURIAM.
This is an appeal from a final judgment denying the plaintiff Asher Melzer specific performance and injunctive relief on an employment contract and awarding compensatory and punitive damages to the defendants Jacob Agay H. and Sanina, N.Y. on a counterclaim sounding in fraud and breach of contract. We conclude that no cause of action was made out below on either claim and, accordingly, affirm in part and reverse in part.
No cause of action for specific performance and injunctive relief was made out below because the plaintiff Melzer as a former employee plainly had an adequate remedy in damages in a breach of contract suit against his former employers, the defendants herein, if he had any claim at all. Taylor v. Fla. East Coast Rwy, 54 Fla. 635, 45 So. 574 (1907); Adjmi v. Pankonin, 126 So. 2d 153, 155 (Fla. 3d DCA), cert. denied, 129 So. 2d 141 (Fla.1961).
No cause of action for fraud was made out below because the sole evidence thereon related to (a) alleged misrepresentations made by the plaintiff concerning his employment qualifications, and (b) other business activity which allegedly enriched the plaintiff, but in no way injured the defendants; this aforesaid action may have been sufficient for the defendants to have fired the plaintiff, as they did, but cannot amount in any sense to a case of actionable fraud. See e.g., 27 Fla.Jur.2d “Fraud” § 7 (1981), and cases collected therein. No cause of action for breach of contract was made out below because no consequential damages were ever established by the defendants’ proofs at trial, see 11 S. Williston, A Treatise on the Law of Contracts § 1362 A (3d ed. 1968); the only evidence of asserted damages here related solely to the non-existent fraud claim.
The final judgment under review is affirmed as to its denial of any relief for the plaintiff Asher Melzer. The final judgment under review is reversed insofar as it awards compensatory and punitive damages on the counterclaim to the defendants Jacob Agay H. and Sanina, N.V.
Affirmed in part; reversed in part.
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Mayor's Jewelers, Inc. v. State of Cal. Pub. Emps'. Ret. Sys., 685 So. 2d 904 (Fla. 4th DCA 1996)…635, 45 So. 574 (1907); Montaner v. Big Show Productions S.A., 620 So. 2d 246 (Fla. 3d DCA 1993); Mosely v. DeMoya, 497 So. 2d 696 (Fla. 3d DCA 1986); Mike Smith Pontiac GMC Inc. v. Smith, 486 So. 2d 89 (Fla. 5th DCA 1986); Melzer v. Jacob Agay H., 426 So. 2d 1049 (Fla. 3d DCA), rev. denied, 438 So. 2d 833 (Fla.1983); Adjmi v. Pankonin, 126 So. 2d 153, 155 (Fla. 3d DCA), cert. denied, 129 So. 2d 141 (Fla.1961). In my opinion, requiring a tenant by specific performance to occupy leased premises for the full te…
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Mosely v. de Moya, 497 So. 2d 696 (Fla. 3d DCA 1986)…removed from the presidency of the corporation, his appropriate remedy, if any, is an action for breach of contract. Frank, 107 So. 2d at 138-39; see Mike Smith Pontiac GMC, Inc. v. Smith, 486 So. 2d 89 (Fla. 5th DCA 1986); Melzer v. Jacob Agay H., 426 So. 2d 1049 (Fla.3d DCA), rev. denied, 438 So. 2d 833 (Fla.1983).3 We also reverse the Order Determining Indemnity. The trial court awarded de. Moya $62,500 in attorney’s fees and $372.50 in costs, determining that de Moya was entitled to be indemnified for th…
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Nat'l Standard Life Ins. Co. & Leon Coplin v. Garner, 535 So. 2d 335 (Fla. 4th DCA 1988)…amages are an essential element in establishing fraud. See, e.g., Casey v. Welch, 50 So. 2d 124 (Fla.1951); National Equipment Rental, Ltd, v. Little Italy Restaurant & Delicatessen, Inc., 362 So. 2d 338 (Fla. 4th DCA 1978); Melzer v. Jacob Agay H., 426 So. 2d 1049 (Fla. 3d DCA), rev. denied, 438 So. 2d 833 (Fla.1983). We conclude that the trial court erred in denying the defendants’ motion for directed verdict. There is no need to address the other issues raised on appeal. The final judgment is, therefore,…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Taylor v. Fla. E. Coast Ry. Co., 54 Fla. 635 (Fla. 1907)
- Adjmi v. Pankonin, 126 So. 2d 153 (Fla. 3d DCA 1961)
- Florida Sun Deck Homes v. Moore, 129 So. 2d 141 (Fla. 1961)
- Pankonin v. Adimi, 129 So. 2d 141 (Fla. 1961)