THE GREEN MOUNTAIN CORPORATION, INC. AND EDWARD J. HAMILTON, APPELLANTS,
v.
KELLY B. FRINK, APPELLEE
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PER CURIAM.
Appellants, Green Mountain Corporation, Inc. and Edward J. Hamilton, appeal a final judgment rendered in favor of Appellee, Kelly Frink. We affirm in all respects, except we reverse the award of damages for fraud.
We agree with Green Mountain’s contention that the award of compensatory damages for both breach of contract and fraud was error. The record does not contain any evidence to support an independent award of damages for fraud. Because Frink’s claims for breach of contract and fraud sought the same remedy, namely the wages he would have earned had Green Mountain not breached the contract, Frink was not entitled to recover under both theories. See Rolls v. Bliss & Nyitray, Inc., 408 So. 2d 229 (Fla. 3d DCA), dismissed, 415 So. 2d 1359 (Fla.1982). Accordingly, we affirm in all respects, except we reverse the award of damages for fraud.
AFFIRMED IN PART AND REVERSED IN PART.
DELL and GUNTHER, JJ., and ALDERMAN, JAMES E., Senior Justice, concur.
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Soraya Ghodrati v. Miami Paneling Corp., 770 So. 2d 181 (Fla. 3d DCA 2000)…t duplicate damages awarded for breach of contract. See Williams v. Peak Resorts Int’l, Inc., 676 So. 2d 513, 517 (Fla. 5th DCA 1996); Florida Temps, Inc. v. Shannon Properties, Inc., 645 So. 2d 102 (Fla. 2d DCA 1994); Green Mountain Corp. v. Frink, 604 So. 2d 579 (Fla. 4th DCA 1992); Rosen v. Marlin, 486 So. 2d 623 (Fla. 3d DCA), rev. denied, 494 So. 2d 1151 (Fla.1986). The damages requested by the plaintiff under her tort theories are identical to those requested in her claim for breach of contract. Moreove…
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R.D.M.H., Inc. v. Dempsey, 618 So. 2d 794 (Fla. 5th DCA 1993)…any way separate or distinguishable from the compensatory damage award for breach of contract. Rolls v. Bliss & Nyitray, Inc., 408 So. 2d 229 (Fla. 3d DCA 1981), dismissed, 415 So. 2d 1359 (Fla.1982). See, e.g., Green Mountain Corp., Inc. v. Frink, 604 So. 2d 579 (Fla. 4th DCA 1992). The record here does not contain any evidence to support an independent award of compensatory damages for fraud. Because compensatory damages for fraud were not properly recoverable, the award of punitive damages cannot stand. S…
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ALF J. Aanonsen v. Suarez (Fla. 3d DCA 2020)…Nor was there evidence of “wrongful conduct . . . [that] was motivated solely by unreasonable financial gain.” § 768.73(1)(b), Fla. Stat. Temps, Inc. v. Shannon Props., Inc., 645 So. 2d 102 (Fla. 2d DCA 1994); Green Mountain Corp., Inc. v. Frink, 604 So. 2d 579 (Fla. 4th DCA 1992); Rosen v. Marlin, 486 So. 2d 623 (Fla. 3d DCA 1986)); see also Lewis, 428 So. 2d at 223 (“We reaffirm the rule and its underlying policy: an unwillingness to introduce uncertainty and confusion into business transactions as well…
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- Rolls v. Bliss & Nyitray, Inc., 408 So. 2d 229 (Fla. 3d DCA 1981)