CANAVERAL CAPITAL CORPORATION, A FLORIDA CORPORATION, APPELLANT,
v.
ROBERT B. BRUCE, APPELLEE
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The court held that the jury verdict was not against the manifest weight of the evidence and that the trial court did not abuse its discretion regarding costs.
Plaintiff sued a certified public accountant for negligence in preparing a financial statement, on which plaintiff relied to make a loan. The trial co…
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This is an appeal by the plaintiff below from an adverse judgment entered on a jury verdict. The action was one charging the defendant, a certified public accountant, with negligence in preparation of a financial statement for lenders, on which the plaintiff relied in making a loan. The determinative question is whether the verdict was against the manifest weight of the evidence. On motions for judgment n. o. v. and for new trial the trial court rejected that contention of the plaintiff, and on consideration of the record and briefs on this appeal we agree with that ruling of the trial court.
The defendant accountant was not employed by the plaintiff. Assuming negligence as alleged on the part of the accountant, his liability to a third party with whom he was not in privity (if in fact such liability exists, see Sickler v. Indian River Abstract & Guaranty Co., 142 Fla. 528, 195 So. 195, 198) would require a showing on the part of the plaintiff third party that the accountant had been guilty of gross negligence, or, having knowledge that the third party intended to rely on the statements prepared by him, was guilty of fraud in connection therewith. Investment Corporation of Florida v. Buchman, Fla.App.1968, 208 So.2d 291.
In the present case, notwithstanding that required high degree of proof, the trial court submitted the case to the jury on *506simple negligence. It is significant that the jury found in favor of the defendant on that lesser standard of care.
We have considered the appellant’s objection to an item of costs allowed by the trial court, and conclude it was within the discretion of the court and that discretion was not abused.
Affirmed.
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Gallichio v. Corporate Grp. Serv., Inc., 227 So. 2d 519 (Fla. 3d DCA 1969)…beneficiary rule and that therefore the complaint is sufficient to state a cause of action. Appellee cites Sickler v. Indian River Abstract & Guaranty Co., 142 Fla. 528, 195 So. 195 (1940), and Canaveral Capital Corporation v. Bruce, Fla.App. 1968, 214 So. 2d 505, as authority for a contradictory holding. The rule set forth in those cases is that a defendant is not liable for a negligent act to a plaintiff with whom he is not in privity unless the defendant has knowledge that the plaintiff would rely on the…
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Invs. TAX Sheltered Real Est., Ltd. v. Laventhol, 370 So. 2d 815 (Fla. 3d DCA 1979)…ne who by profession supplies information for the guidance of others in business transactions, determining that in the absence of privity of contract there could be no right of recovery under a negligence theory. In Canaveral Capital Corp. v. Bruce, 214 So. 2d 505 (Fla.3d DCA1968), this court stated that before an accountant would be liable to a third party with whom the accountant was not in privity for loss allegedly sustained arising out of reliance upon statements prepared by the accountant, there would h…
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Coopers & Lybrand v. Trs. of the Archdiocese of Miami/Diocese of ST. Petersburg Health & Welf. Plan, 536 So. 2d 278 (Fla. 3d DCA 1988)…rivity); see also Mulligan v. Wallace, 349 So. 2d 745 (Fla. 3d DCA), cert. denied, 354 So. 2d 983 (Fla.1977); Dubbin v. Touche Ross & Co., 324 So. 2d 128 (Fla. 3d DCA 1975), cert. denied, 336 So. 2d 1181 (Fla.1976); Canaveral Capital Corp. v. Bruce, 214 So. 2d 505 (Fla. 3d DCA 1968); Dantzler Lumber & Export Co. v. Columbia Casualty Co., 115 Fla. 541, 156 So. 116 (1934) (cause of action lies for negligent accounting which failed to discover employee’s embezzlement). .Accountants, like attorneys, are professi…
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
- Sickler v. Indian River Abstract & Guar. Co., 142 Fla. 528 (Fla. 1940)
- Inv. Corp. OF Fla. v. Buchman, 208 So. 2d 291 (Fla. 2d DCA 1968)