CASEY
v.
WELCH
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The Florida Supreme Court reversed a fraud judgment because the plaintiff failed to prove any damages, which is an essential element of a fraud claim. Despite sufficient evidence of misrepresentation, the lack of proven injury meant the plaintiff had no valid cause of action.
Yes, a plaintiff must prove both misrepresentation and resulting damages to sustain a fraud claim. Without proof of damage, the cause of action fails.
“It is of the very essence of an action of fraud or deceit that the same shall be accompanied by damage, and neither damnum absque injuria nor injuria absque damnum by themselves constitute a good cause of action.”
establishes the essential elements of a fraud claim, including the necessity of damages.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff sued the defendant for fraud and obtained a verdict and judgment. The defendant appealed. The appellate court found that while there was…
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PER CURIAM.
This was an action for fraud instituted in the court below by plaintiff-appellee against defendant-appellant. From a verdict and judgment in favor of plaintiff, this appeal has been taken by defendant.
The question of misrepresentation is one of fact for the jury, under proper supervision of the court; and, since *125 there was adequate evidence to support the verdict in that respect, the judgment would ordinarily be affirmed. However, due to developments occurring subsequent to the time of the filing of suit, the plaintiff was unable to prove any damage, and the record is devoid of evidence that plaintiff was injured by the defendant's misrepresentations. "It is of the very essence of an action of fraud or deceit that the same shall be accompanied by damage, and neither damnum absque injuria nor injuria absque damnum by themselves constitute a good cause of action." Sutton v. Gulf Life Ins. Co., 138 Fla. 692, 189 So. 828, 829.
All other questions raised have been considered, and we find no reversible error. However, for the reason above stated, the judgment should be reversed and the cause remanded.
Reversed and remanded.
SEBRING, C.J., and TERRELL, ADAMS and ROBERTS, JJ., concur.
THOMAS, J., agrees to conclusion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (26 total)
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Food Fair, Inc. v. Anderson, 382 So. 2d 150 (Fla. 5th DCA 1980)…audulent conduct, including some injury, must be met. 14 Fla.Jur., Fraud and Deceit §§ 41, 72 (1957); 37 Am.Jur.2d, Fraud and Deceit § 291 (1968); Annot., 91 A.L.R.2d 346 (1963). Cf. Hanley v. Bullard, 80 Fla. 578, 86 So. 439 (1920); Casey v. Welch, 50 So. 2d 124 (Fla.1951). As stated in the early case of Stokes v. Victory Land Co., 99 Fla. 795, 128 So. 408, 410 (1930), “It is of the very essence of an action of fraud and deceit that the same shall be accompanied by damage, and neither damnum absque injuria…
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Morgan Stanley & Co. Inc. v. Coleman (Parent) Holdings Inc., 955 So. 2d 1124 (Fla. 4th DCA 2007)…al as a matter of law in establishing a claim of fraud.” Nat’l Equip. Rental, Ltd. v. Little Italy Rest. & Delicatessen, Inc., 362 So. 2d 338, 339 (Fla. 4th DCA 1978). “Damage is of the very essence of an action for fraud or deceit.” Casey v. Welch, 50 So. 2d 124, 125 (Fla.1951). Without proof of actual damage the fraud is not actionable. Id.; Stokes v. Victory Land Co., 99 Fla. 795, 128 So. 408 (1930); Pryor v. Oak Ridge Dev. Corp., 97 Fla. 1085, 119 So. 326 (1928); Wheeler v. Baars, 33 Fla. 696, 15 So. 584…
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In re Standard Jury Instructions IN Civil Cases-Report NO. 09-01 (Reorganization of the Civil Jury Instructions). In re Standard Jury Instructions in Civil Cases-Report No. 09-02 (Greater Weight of the Evidence, 35 So. 3d 666 (Fla. 2010)…representation to be false or its falsity is obvious to him or her. Besett v. Basnett, 389 So. 2d 995 (Fla.1980). 4. There must be actual damage for recovery in a fraud action. Fraud that does not result in damage is not actionable. Casey v. Welch, 50 So. 2d 124 (Fla.1951); Stokes v. Victory Land Co., 99 Fla. 795, 128 So. 408 (Fla.1930); Pryor v. Oak Ridge Development Corp., 97 Fla. 1085, 119 So. 326 (1928); Wheeler v. Baars, 33 Fla. 696, 15 So. 584 (Fla.1894); National Aircraft Services, Inc. v. Aeroserv I…
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