ELVIS CRUZ
v.
CITY OF MIAMI, ET AL.

Fla. 3d DCA | 2026-05-20
No. 2024-2199
Sanchez-Llorens, J., Logue, J., Miller, J., Gooden, J.
2026 FL 5940 Florida District Court of Appeal, Third District (2026)

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Holding

A fact finder may award nominal damages upon a finding of a breach.


Headnotes

[1] Nominal damages may be awarded upon a finding of breach of contract or other legal wrong even when the aggrieved party has not proven actual damages.

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Key Quotes

“A fact finder may award nominal damages upon a finding of a breach.”

Inspired Capital, LLC v. Howell, 387 So. 3d 348, 352 (Fla. 3d DCA 2023)

Facts & Procedural History

Elvis Cruz appealed a judgment from the Circuit Court for Miami-Dade County in a case against the City of Miami.…

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Opinion of the Court

Third District Court of Appeal

State of Florida

Opinion filed May 20, 2026.

Not final until disposition of timely filed motion for rehearing.

No. 3D24-2199

Lower Tribunal No. 21-10716-CA-01

Elvis Cruz, Appellant,

vs.

City of Miami, et al., Appellees.

An Appeal from the Circuit Court for Miami-Dade County, Migna Sanchez-Llorens, Judge.

David J. Winker, P.A., and David J. Winker, for appellant.

George K. Wysong, III, City Attorney, Eric J. Eves, Assistant City Attorney Supervisor and Marguerite C. Snyder, Assistant City Attorney, for appellee City of Miami.

Before LOGUE, MILLER and GOODEN, JJ.

PER CURIAM.

Affirmed. See Inspired Capital, LLC v. Howell, 387 So. 3d 348, 352 (Fla. 3d DCA 2023) (“A fact finder may award nominal damages upon a finding of a breach.”) (emphasis added); Continuum Condo. Ass’n, Inc. v. Continuum VI, Inc., 549 So. 2d 1125, 1127 (Fla. 3d DCA 1989) (“While nominal damages can be awarded when a legal wrong has been proven, but the aggrieved party suffered no damages, or where, e.g., a contract has been breached, but for one reason or another recoverable damages were not proven, such is not the case here.") (citations omitted).

2


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