MACO SUPPLY CORP., A GEORGIA CORPORATION, APPELLANT,
v.
ANTHONY J. MASCIARELLI, APPELLEE
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Maco Supply Corp. appeals from a jury verdict awarding Masciarelli $13,000 in compensatory damages and $23,600 in punitive damages for breach of oral warranty and representations regarding pool tables sold under a conditional sales contract. The court affirms the compensatory damages but reverses the punitive damages award because the breach constituted only a breach of contract, not an independent tort.
The court held that Masciarelli's claims were not barred by estoppel by judgment, res judicata, or the compulsory counterclaim rule. However, punitive damages are not recoverable for breach of contract unless the breach amounts to an independent, willful tort, which was not shown here.
“an award of punitive damages for a breach of contract is generally not permitted in Florida unless the breach amounts to an independent, wilful tort”
Establishes the key legal principle that punitive damages require an independent tort beyond the breach itself
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Join FLexlaw to unlock all legal intelligenceMaco Supply Corp. sold pool tables and billiard equipment to Masciarelli under a conditional sales contract. Maco filed and won a replevin action agai…
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The defendant below, Maco Supply Corp., appeals from a final judgment, after a jury verdict, for the plaintiff below, Masciarelli.
The defendant, Maco, originally sold certain pool tables and billiard equipment under a conditional sales contract to Mas-ciarelli. It filed a replevin action against Masciarelli and obtained a final judgment in replevin against him for the possession of this personalty. Thereafter Masciarelli filed this law suit against Maco alleging breach of oral warranty; breach of oral representations and promises; and alleged that the actions of defendant were wilful, obstinate and malicious, thereby entitling him to compensatory and punitive damages. The verdict and final judgment were for the plaintiff in the sum of $13,000 compensatory and $23,600 punitive damages. Defendant has appealed from the final judgment.
Defendant’s first claim for reversal is based on the ground that the claims set forth in the plaintiff’s complaint were barred by estoppel by judgment, res judicata and the compulsory counterclaim rule.
In other words, defendant says plaintiff’s claims should have been asserted and litigated by Masciarelli in the original replevin action in which he was a defendant; and that he is barred as plaintiff below, from asserting them in this suit under the aforesaid principles. This claim for reversal is without merit. See Fla.Stat. § 46.08 (1965), F.S.A.; Seven Seas Frozen Products v. Fast Frozen Foods, Fla.1949, 43 So.2d 181; Goranson v. Maximo Moorings Marine Center, Inc., Fla.App.1967, 204 So.2d 745; and R.C.P. 1.010, 30 F.S.A.
Turning next to the question of punitive damages, we note that an award of punitive damages for a breach of contract is generally not permitted in Florida unless the breach amounts to an independent, wilful tort. See 9 Fla.Jur. Damages § 19. Here, the fact issues submitted to the jury were whether there was a breach of an implied or oral warranty of fitness for a particular purpose, which was ex con-tractu in nature, and whether there was a breach of an oral agreement to forbear. There was no showing of an independent *267tort, separate and apart from the breach of contract. See Griffith v. Shamrock Village, Fla.1957, 94 So.2d 854. Even though the acts of a party in violating a contract, may be wilful and flagrant they must also constitute an independent tort in order to constitute a predicate for an award of punitive damages. Fountainebleau Hotel Corp. v. Kaplan, Fla.App.1959, 108 So.2d 503.
Accordingly, the judgment herein appealed is affirmed as to the award of compensatory damages and reversed as to the award of punitive damages.
Affirmed in part; reversed in part.
It is so Ordered.
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MacDONALD v. The Penn Mut. Life Ins. Co., 276 So. 2d 232 (Fla. 2d DCA 1973)…rally not permitted in Florida unless the breach amounts to an independent tort; Griffith v. Shamrock Village, Fla.1957, 94 So. 2d 854; Fontainbleau Hotel Corp. v. Kaplan, Fla.App.1959, 108 So. 2d 503; Maco Supply Corp. v. Masciarelli, Fla.App.1968, 213 So. 2d 265. The allegations of appellant’s Count 6 fail to show a case of sufficient severity to impose liability for an independent tort. There was only an alleged mishandling and refusal to pay claims or delay in paying claims due under the contract. Appel…
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Henry Morrison Flagler Museum v. LEE, 268 So. 2d 434 (Fla. 4th DCA 1972)…tract irrespective of the motive of the party at fault. 22 Am.Jur.2d, Damages, § 245; 84 A.L.R. 1345; Griffith v. Shamrock Village, Fla.1957, 94 So. 2d 854; Fontainebleau Hotel Corp. v. Kaplan, supra; Maco Supply Corp. v. Masciarelli, Fla.App. 1958, 213 So. 2d 265; Winn & Lovett Grocery Co. v. Archer, 1936, 126 Fla. 308, 171 So. 214; Associated Heavy Equipment Schools v. Masiello, Fla.App. 1969, 219 So. 2d 465; Korbin v. Berlin, Fla.App.1965, 177 So. 2d 551; Singleton v. Foreman, 5 Cir. 1970, 435 F. 2d 962; R…
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Masciarelli v. Maco Supply Corp., 224 So. 2d 329 (Fla. 1969)…CALDWELL, Justice (Retired). This cause is here on petition and cross-petition for writ of certiorari to the District [*330] Court of Appeal, Third District, 213 So. 2d 265.1 On May 18, 1964, the parties executed a conditional sales contract for the purchase of various pool and billiard equipment. In January, 1966, Maco Supply Corp. brought replevin against Masciarelli alleging petitioner failed to make his installmen…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Griffith v. Shamrock Vill., Inc., 94 So. 2d 854 (Fla. 1957)
- Fontainebleau Hotel Corp. v. Kaplan, 108 So. 2d 503 (Fla. 3d DCA 1959)
- Seven Seas Frozen Prods. v. Fast Frozen Foods, 43 So. 2d 181 (Fla. 1949)
- Goranson v. Maximo Moorings Marine Ctr., Inc., 204 So. 2d 745 (Fla. 2d DCA 1967)