MERCURY MARINE DIVISION OF BRUNSWICK CORPORATION, APPELLANT,
v.
BOAT TOWN U.S.A., INC., STEPHEN GROSSMAN AND ALBERT H. TATE, JR., APPELLEES
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Mercury Marine Division sued Boat Town U.S.A. and its owners to recover an unpaid account balance. The jury found in favor of Mercury for $86,887.06 but also awarded Boat Town $167,500 in damages for Mercury's wrongful failure to renew the franchise. Mercury appealed, challenging both the damages calculation and the sufficiency of evidence.
The court affirmed the jury verdict, rejecting Mercury's argument that damages should be restricted to the notice period, and holding that Tate was a competent witness to testify regarding loss of business value because he was qualified by his experience, management of the corporation, and knowledge of relevant value. The evidence was sufficient to support the verdict.
[1] A franchisor's failure to provide notice of sums due or other deficiencies to a franchisee, as required by a dealership agreement incorporating a state's fair dealership…
[2] An owner of a business who is also an officer of the corporation may be a competent witness to testify regarding the value of the business if qualified by experience, man…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Mercury could terminate for good cause but was required to give the franchisee the opportunity to remedy any such cause.”
Establishes Mercury's contractual obligation under the Wisconsin Fair Dealership Law provisions to provide notice and opportunity to cure before nonrenewal.
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Join FLexlaw to unlock all legal intelligenceMercury Marine Division and Boat Town U.S.A. had a dealership agreement that incorporated Wisconsin Fair Dealership Law provisions. Mercury failed to …
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PER CURIAM.
Appellant, the Mercury Marine Division of Brunswick Corporation, sued appellees Boat Town U.S.A., Grossman and Tate to recover the balance of their account. Ap-pellees counterclaimed for damages based upon Mercury’s wrongful failure to renew Boat Town’s franchise and various other alleged causes of action which were not submitted to the jury. Trial by jury resulted in a verdict for Mercury for $86,887.06 and a verdict for Boat Town for $167,-500.00, representing Boat Town’s lost profit or loss of business value.
Mercury contends error was committed because: 1) Boat Town’s damages should have been limited to the notice of renewal period contained in the franchise agreement and 2) there was insufficient evidence to sustain the verdict in favor of Boat Town.
Regarding the first point, it is un-controverted that Mercury failed to give any notice to Boat Town of sums due under the dealership agreement or other deficiency justifying nonrenewal under the Wisconsin Fair Dealership Law provisions forming a part of the agreement between the parties. Under said agreement, Mercury could terminate for good cause but was required to give the franchisee the opportunity to remedy any such cause. Suffice to say, after considering the evidence in this case and the authorities that have considered similar questions, we reject Mercury’s contention that damages should be restricted to the notice period.
Appellees sought to prove their damages by two methods: loss of profits or loss of business value. Mercury contends that the evidence of loss of business value adduced through Albert H. Tate, Jr., was incompetent because he was testifying as to the loss of value of a corporate business and thus even as an owner he was not qualified to do so. We recognize the general rule that an owner of property is qualified as such to testify to the value of his property, whereas officers of corporations do not qualify on the same basis. However, if the officer is qualified by virtue of his experience, his management of the affairs of the corporation and his knowledge of relevant value he is also a competent witness as to value. Salvage & Surplus Inc. v. Weintraub, 131 So. 2d 515 (Fla. 3d DCA 1961); 31 Am.Jur.2d, Expert and Opinion Evidence, § 134. Although not the most articulate of witnesses, Tate appears to meet those qualifications, and his testimony established a sufficient basis of fact from which loss of business value could reasonably be determined.
While the short term history of the business makes reliance thereon to show loss of future profits relatively less certain, the evidence of the annualized profit over the fifteen month period of Boat Town’s operation was admissible. Using that solid evidence, it seems to us the jury could reasonably have arrived at its verdict by considering the actual profit picture prior to termination and the profit picture of the business as an Evinrude marine motor dealer following termination.
Thus, viewing the entire record as it bears upon the points appellant raises on appeal, we fail to find any reversible error. Accordingly, the judgment appealed from is affirmed.
AFFIRMED.
DOWNEY, HERSEY and DELL, JJ., concur.
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Liggett Grp. Inc. v. Howard A. Engle, M.D., 853 So. 2d 434 (Fla. 3d DCA 2003)…cer can testify as to value); see also Witchell v. Londono, 707 So. 2d 796, 799 n. 2 (Fla. 1st DCA 1998) (corporate officer with knowledge of relevant values is qualified to testify); Mercury Marine Div. of Brunswick Corp. v. Boat Town U.S.A., Inc., 444 So. 2d 88, 90 (Fla. 4th DCA 1984) (corporate officer's testimony established loss of business value); Alexander v. Alterman Transp. Lines, Inc., 387 So. 2d 422, 424 (Fla. 1st DCA 1980) (financial statements provided sufficient evidence of financial worth upon…
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Witchell v. J.H. Londono, 707 So. 2d 796 (Fla. 1st DCA 1998)…y; an officer of a corporation is qualified to testify regarding value if he has experience in the management of the affairs of the corporation and has a knowledge of relevant values. Mercury Marine Div. of Brunswick Corp. v. Boat Town U.S.A., Inc., 444 So. 2d 88, 90 (Fla. 4th DCA 1984); Salvage & Surplus, Inc. v. Weintraub, 131 So. 2d 515 (Fla. 3d DCA 1961). The record in this case reflects that Witchell was qualified to testify as to the value of the property. - .…
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Reliance Ins. Co. v. Pro-Tech Conditioning & Heating, 866 So. 2d 700 (Fla. 5th DCA 2003)…roperty intimately and is familiar with its value). While an owner is qualified to testify as to the value of his property, officers of corporations do not qualify on the same basis. Mercury Marine Div. of Brunswick Corp. v. Boat Town U.S.A., Inc., 444 So. 2d 88 (Fla. 4th DCA 1984). However, if the officer is qualified due to experience, management of corporate affairs, and his knowledge of relevant value, the officer is also a competent witness as to value. Mercury Mamie 444 So. 2d at 90; see also Smith v.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Salvage & Surplus, Inc. v. Weintraub, 131 So. 2d 515 (Fla. 3d DCA 1961)