ELVIS CRUZ
v.
CITY OF MIAMI, ET AL.
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A fact finder may award nominal damages upon a finding of a breach.
[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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Inspired Capital, LLC v. Howell, 387 So. 3d 348, 352 (Fla. 3d DCA 2023)
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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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
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Moeller v. Brandy Invs., Inc., 549 So. 2d 1125 (Fla. 3d DCA 1989)
- Inspired Cap., LLC v. Howell, 387 So. 3d 348 (Fla. 3d DCA 2023)