LUCAS ROFFEY, ETC., ET AL., APPELLANTS,
v.
PARK CENTRAL PROPERTIES, ETC., ET AL., APPELLEES
LUCAS ROFFEY, ETC., ET AL., APPELLANTS,
PARK CENTRAL PROPERTIES, ETC., ET AL., APPELLEES
690 So. 2d 617
Florida District Court of Appeal, Fifth District (1997)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
This is an appeal from a judgment on the pleadings in a contract case. Because the complaint is sufficient in allegations to allege a cause of action for breach of contract, we reverse the order. The trial court was correct in entering a judgment on the pleadings in the claim of “breach of the duty of good faith and fair dealing.”
REVERSED and REMANDED.
DAUKSCH, GRIFFIN and ANTOON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Sostchin v. Doll Enters., Inc., 847 So. 2d 1123 (Fla. 3d DCA 2003)…et profits rendered the proof of damages inadequate as a matter of law, and that the court erred in not granting Southern Bell’s motion for a new trial. 400 So. 2d at 807 (citations omitted). See also Fu Sheng Indus. Co., Ltd. v. T/F Systems, Inc., 690 So. 2d 617, 628 (Fla. 4th DCA 1997)(lost profit damages must reflect net profits deducting all costs); State Dept. of Transp. v. Murray, 670 So. 2d 977, 979 (Fla. 1st DCA 1996)(determination of lost profits must deduct salary paid to owner/supervisor); State D…
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E. Qualcom Corp. v. Global Commerce Ctr. Ass'n, Inc., 59 So. 3d 347 (Fla. 4th DCA 2011)…or has any “track record.” The party must prove that 1) the defendant’s action caused the damage and 2) there is some standard by which the amount of damages may be adequately determined. Id. at 1351; see also Fu Sheng Indus. Co. v. T/F Sys., Inc., 690 So. 2d 617, 624 (Fla. 4th DCA 1997) (applying the two-part test as defined in W.W. Gay Mechanical Contractor ). Qualcom produced photographs of water-damaged equipment as well as testimony that the damage led to interruptions in service which in turn led to l…
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Levitt-Ansca Towne Park P'ship v. Smith & Co., Inc., 873 So. 2d 392 (Fla. 4th DCA 2004)…rule is not an inflexible one, and if profits can be established with reasonable certainty, they are allowed.” Massey-Ferguson, Inc. v. Santa Rosa Tractor Co., 415 So. 2d 865, 867 (Fla. 1st DCA 1982). See also Fu Sheng Indus. Co., v. T/F Sys., Inc., 690 So. 2d 617, 622 (Fla. 4th DCA 1997). The damage award in this case ran afoul of these well-recognized rules of law. The $2 million dollar contract price consisted of $1,700,000 in cost of performance, a profit of $300,000, and a speculative amount of surplus…1 / 2
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