R.D.M.H., INC. AND RUDOLPH HARDICK, APPELLANTS,
v.
RICHARD J. DEMPSEY, APPELLEE
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The court affirmed the breach of contract damages award but reversed the fraud and punitive damages awards because the plaintiff failed to establish compensatory damages for fraud separate from the breach of contract damages.
An award of compensatory damages for both breach of contract and fraud is erroneous where the plaintiff fails to establish compensatory damages based on fraud that are separate or distinguishable from the breach of contract damages.
[1] Compensatory damages for fraud cannot be awarded when they are not separate or distinguishable from compensatory damages for breach of contract, and punitive damages cann…
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Join FLexlaw to unlock all legal intelligence“An award of compensatory damages for both breach of contract and fraud is erroneous where the plaintiff fails to establish that he sustained compensatory damages based on fraud which were in any way separate or distinguishable from the compensatory damage award for breach of contract.”
Court's statement of the governing legal principle regarding duplicate damage awards
The plaintiff sued for breach of contract and fraud. The trial court awarded $88,617.00 in compensatory damages for breach of contract under Count I, …
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WHITE, A.B., Associate Judge.
Finding no error in the trial court’s evidentiary rulings and the existence of substantial competent evidence to establish a breach of contract, we affirm that portion of the final judgment awarding the plaintiff $88,617.00 in compensatory damages under Count I of the complaint.
However, we reverse the remaining award of compensatory damages for fraud and the associated punitive damage award. An award of compensatory damages for both breach of contract and fraud is erro neous where the plaintiff fails to establish that he sustained compensatory damages based on fraud which were in 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. See Lake Placid Holding Co. v. Paparone, 508 So. 2d 372 (Fla. 2d DCA), rev. denied, 515 So. 2d 230 (Fla.1987).
As a result of our holding, we remand the cause for entry of a corrected final judgment.
AFFIRMED in part; REVERSED in part; REMANDED.
W. SHARP and DIAMANTIS, JJ., concur.
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LA Pesca Grande Charters, Inc. v. Moran, 704 So. 2d 710 (Fla. 5th DCA 1998)…, the identical damages are claimed in Count VI for the alleged fraud (“LPG Charters has suffered the damages aforesaid”) as are sought for the breach of contract. Under these circumstances, the fraud count cannot survive. R.D.M.H., Inc. v. Dempsey, 618 So. 2d 794 (Fla. 5th DCA 1993); see Williams, supra. Appellants contend that this count was improperly dismissed. They assert that the complaint states a claim for fraud in the inducement and it is irrelevant whether the identical damages were sought in their…1 / 2
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Williams v. Peak Resorts Int'l Inc., 676 So. 2d 513 (Fla. 5th DCA 1996)…d for breach of the contract”); Huie v. Dent & Cook, P.A., 635 So. 2d 111 (Fla. 2d DCA 1994) (“[A] fraud claim may not be pursued if its damages merely duplicate the damages recoverable for breach of a related contract.”); R.D.M.H., Inc. v. Dempsey, 618 So. 2d 794 (Fla. 5th DCA 1993) (affirming award of compensatory damages for breach of contract claim, and reversing compensatory damages award for fraud claim because record evidence did not support an independent award of compensatory damages for fraud); Roll…
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Dempsey v. LAW Firm OF Cauthen & Odham, P.A., 752 So. 2d 107 (Fla. 5th DCA 2000)…vard County. He obtained a $611,080.00 judgment on May 4, 1992. No supersedeas bond was ever posted nor was a stay in that case ever obtained. The judgment was appealed and ultimately the judgment was reduced to $88,617.00 See RDMH, Inc. v. Dempsey, 618 So. 2d 794 (Fla. 5th DCA 1993). While suit number one was on appeal, Central Florida Mortgage Investment Corporation, (a company owned by Har-dick), sued Dempsey in Brevard County and got a judgment against him. In proceedings supplementary brought in Bre-var…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rolls v. Bliss & Nyitray, Inc., 408 So. 2d 229 (Fla. 3d DCA 1981)
- John C. Wohlrabe, M.D. v. State of Fla. Dep't OF Prof'l Reg., 508 So. 2d 372 (Fla. 2d DCA 1987)
- The Green Mountain Corp., Inc. v. Frink, 604 So. 2d 579 (Fla. 4th DCA 1992)