DIAMOND ART CLUB, LLC
v.
LINDSAY GOSNELL
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Lost profits damages cannot be recovered unless the fact-finder is presented with evidence enabling it to determine damages with reasonable certainty rather than speculation or conjecture.
[1] Lost profits damages in Florida require proof with a reasonable degree of certainty; damages cannot be recovered based on speculation or conjecture.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In Florida, unless the fact-finder is presented with evidence which will enable it to determine damages for lost profits with a reasonable degree of certainty, rather than by means of speculation and conjecture, the claimant may not recover such damages.”
Himes v. Brown & Co. Sec. Corp., 518 So. 2d 937, 938 (Fla. 3d DCA 1987)
Diamond Art Club, LLC appealed a judgment from the Circuit Court for Miami-Dade County in a case against Lindsay Gosnell. The trial court's decision i…
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Third District Court of Appeal
State of Florida
Opinion filed July 23, 2026. Not final until disposition of timely filed motion for rehearing.
No. 3D25-2099 Lower Tribunal No. 24-12878-CA-01
Diamond Art Club, LLC, Appellant,
vs.
Lindsay Gosnell, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Spencer Eig, Judge.
Fox Rothschild LLP, and Joseph A. DeMaria and Sarah Emily Coleman, for appellant.
No appearance, for appellee.
Before LINDSEY, MILLER and GOODEN, JJ.
PER CURIAM.
Affirmed. See Himes v. Brown & Co. Sec. Corp., 518 So. 2d 937, 938 (Fla. 3d DCA 1987) (“In Florida, unless the fact-finder is presented with evidence which will enable it to determine damages for lost profits with a reasonable degree of certainty, rather than by means of speculation and conjecture, the claimant may not recover such damages."); 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 . . . .") (citations omitted); Crain Auto. Group, Inc. v. J & M Graphics, Inc., 427 So. 2d 300, 301 (Fla. 3d DCA 1983) ("The rule is that lost profits must be shown with a reasonable degree of certainty."); see also Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (“In appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error."). 2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Himes v. Brown & Co. Sec. Corp., 518 So. 2d 937 (Fla. 3d DCA 1987)
- Crain Auto. Grp., Inc. v. J & M Graphics, Inc., 427 So. 2d 300 (Fla. 3d DCA 1983)