ROBERT B. SERGE AND ROBERT B. SERGE D/B/A THE PRIDE'S TEENAGE CAMP, APPELLANT,
v.
DARREN DREHER, ET AL., APPELLEES

Fla. 4th DCA | 1985-08-07
No. 84-1783
ANSTEAD and WALDEN, JJ., and SMITH, FREDRICKA G., Associate Judge, concur.
474 So. 2d 846 Florida District Court of Appeal, Fourth District (1985) Positive Treatment
Cited by 10 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from a final judgment entered upon a jury verdict awarding compensatory and punitive damages to appel-lees on their claims for breach of contract and fraud.

We reverse the award of damages to Emil Palik in all respects because it is undisputed on the record that Palik had no contractual or other relations with appellants. In addition, because we find no evidentiary support for the punitive damages awards or the awards of compensatory damages for fraud, we reverse all such awards. However, we find sufficient evidence for the jury to conclude that a breach of contract occurred and affirm the awards for compensatory damages for breach of contract for all appellees except Palik. We also find that the trial court erred in admitting certain evidence but find such error to be harmless in view of the other evidence presented at trial.

Accordingly, we affirm in part and reverse in part and remand with directions that judgment be entered in accord with this opinion.

ANSTEAD and WALDEN, JJ., and SMITH, FREDRICKA G., Associate Judge, concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

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  • Pursell v. State, 483 So. 2d 94 (Fla. 2d DCA 1986)
    …quantity of drugs involved in an offense is a valid reason for departure. Irwin v. State, 479 So. 2d 153 (Fla. 2d DCA 1985). The court’s second reason, that appellant lied during his testimony, is an improper reason for departure. Agatone v. State, 474 So. 2d 846 (Fla. 2d DCA 1985). The court found that appellant was part of a large scale, sophisticated drug smuggling operation. The only evidence to suggest this finding is a tape recorded telephone conversation between appellant’s codefendant and an underco…
  • Irwin v. State, 479 So. 2d 153 (Fla. 2d DCA 1985)
    …d as the basis of the departure. We agree with appellant that the first ground is not a valid reason for departure, especially since appellant was never convicted of perjury. Beauvais v. State, 475 So. 2d 1342 (Fla. 3d DCA 1985); Agatone v. State, 474 So. 2d 846 (Fla. 2d DCA 1985). The quantity of drugs involved in the offense is a proper circumstance to be considered in departing from a recommended sentence since it is a factor relating to the instant offense. Smith v. State, 454 So. 2d 90 (Fla. 2d DCA 198…
  • Fuller v. State, 488 So. 2d 594 (Fla. 2d DCA 1986)
    …able doubt whether the invalid reasons affected the court’s departure. Should the trial court again determine to depart from the guidelines, it should be guided by the following cases. Hendrix v. State, 475 So. 2d 1218 (Fla.1985); Agatone v. State, 474 So. 2d 846 (Fla. 2d DCA 1985). CAMPBELL, A.C.J., and SCHOON-OVER, J., concur.…

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