AIR TRAVEL ASSOCIATES, INC., APPELLANT,
v.
EASTERN AIR LINES, INC., APPELLEE
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Air Travel Associates appeals a directed verdict in favor of Eastern Air Lines, claiming Eastern wrongfully appropriated its novel travel club marketing plan. The court affirmed the directed verdict, holding that the plaintiff failed to present evidence establishing that its plan was either secret or novel, elements essential to recovery for misappropriation of a business idea.
The directed verdict was proper and affirmed because the plaintiff failed to prove essential elements of its misappropriation claim—specifically, that the plan was either secret or novel. These elements are essential to establish a right to recover for wrongful appropriation of a business idea.
[1] A party appealing a directed verdict must demonstrate a proper view of the evidence under which a jury could have found for that party.
[2] When reviewing a directed verdict, the non-moving party is entitled to all reasonable inferences drawn from the evidence viewed in the light most favorable to them.
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Join FLexlaw to unlock all legal intelligence“The burden of an appellant upon an appeal from a final judgment entered upon a directed verdict is to demonstrate that there is a proper view of the evidence under which the jury could have found for the appellant.”
Establishes the standard of review for directed verdict appeals, placing burden on appellant to show evidence could support a verdict in its favor.
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Join FLexlaw to unlock all legal intelligenceAir Travel Associates, a corporation in the travel field, developed a travel marketing program involving the formation of clubs to promote trips. The …
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The issue to be decided on this appeal is whether the trial court erred in directing a verdict for the defendant. The verdict was directed at the close of the plaintiff’s case. Final judgment was entered and the plaintiff brings this appeal.
The burden of an appellant upon an appeal from a final judgment entered upon a directed verdict is to demonstrate that there is a proper view of the evidence under which the jury could have found for the appellant.1 In determining a “proper view of the evidence”, the appellant, as the party moved against, is entitled to all reasonable inferences to be drawn from the evidence as a whole. Hilkmeyer v. Latin *4American Air Cargo Expediters, Inc., Fla.1957, 94 So.2d 821.
Viewed in the light most favorable to the plaintiff-appellant, the evidence was briefly as follows. Appellant is a corporation engaged in the travel field. Its president, Robert Brown, has been an employee of the appellee airline since 1953. Brown worked out a travel marketing program whereby clubs would be formed for members of the public, and these clubs would be used in the marketing of trips. Appellant believed that such clubs could be used by the appel-lee to sell travel. This plan and idea was disclosed to the appellee in confidence for their mutual profit. The appellant filed an outline of its plan in the United States Patent Office, Copyright Division, and deposited two copies with the Library of Congress. Although the plan was rejected by the appellee, Eastern later developed and used a plan of its own using the “travel club” idea.
Appellant’s theory for recovery is based upon its allegations that the appellee has committed a species of business tort in which it has wrongfully appropriated a novel plan belonging to appellant for which appellant ought to be compensated. See Belt v. Hamilton Nat. Bank, 108 F.Supp. 689 (D.D.C.1952), aff’d, 93 U.S.App.D.C. 168, 210 F.2d 706 (1953); John W. Shaw Advertising, Inc. v. Ford Motor Co., 112 F.Supp. 121 (N.D.Ill.1953). We have not been referred to any case arising in this state which discusses recovery under appellant’s theory of the case. Of course, there are many cases holding that a plaintiff may recover for services performed according to a theory of implied contract. Matarese v. Moore-McCormack Lines, Inc., 158 F.2d 631 (2d Cir. 1946).
It is not necessary for this court to determine whether plaintiff-appellant’s theory of its case is proper because the final judgment must be sustained for a failure to prove the case alleged. The record does not contain evidence upon which a jury of reasonable men could have found that appellant’s plan was either secret or novel. These elements have been held to be essential in order to establish a right to recover. Official Airlines Schedule Information Service, Inc. v. Eastern Air Lines, Inc., 333 F.2d 672 (5th Cir. 1964); Mitchell Novelty Co. v. United Mfg. Co., 199 F.2d 462 (7th Cir. 1952).
Affirmed.
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Garrido v. Burger King Corp., 558 So. 2d 79 (Fla. 3d DCA 1990)…§ 301. Plaintiff attempts to take its cause of action for misappropriation out of the realm of Copyright Act preemption by claiming that the ideas were disclosed in confidence to Burger King. In Air Travel Assocs., Inc. v. Eastern Air Lines, Inc., 273 So. 2d 3 (Fla. 3d DCA 1973), this court noted that a plaintiff must prove that the idea allegedly misappropriated was both secret and novel in order to recover. See Official Airlines Schedule Information Serv., Inc. v. Eastern Air Lines, Inc., 333 F. 2d 672…
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Cunningham v. Romano, 278 So. 2d 631 (Fla. 3d DCA 1973)…e question of whether as a matter of law there was a proper view of the evidence which could sustain a verdict for the plaintiffs. Bourgeois v. Dade Co., Fla. 1957, 99 So. 2d 575; Air Travel Associates, Inc. v. Eastern Air Lines, Inc., Fla.App.1973, 273 So. 2d 3. We must consider the answer to the governing question for each plaintiff. The passenger is entitled to have his case go to the jury without regard to an issue of the possible contributory negligence of the plaintiff-driver. Thus, the question is wh…
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Thompson v. Ward Enters., 341 So. 2d 837 (Fla. 3d DCA 1977)…under which the jury could have found for the appellant. In making such a determination, all reasonable inferences will be drawn in favor of the party against whom the judgment was entered. See Air Travel Associates, Inc. v. Eastern Air Lines, Inc., 273 So. 2d 3 (Fla.3d DCA 1973). Further, appellee contends that this case is governed by the holding in Schatz v. 7-Eleven, Inc., 128 So. 2d 901 (Fla.lst DCA 1961). We hold that Schatz v. 7-Eleven, Inc., is not controlling in the present case because in that cas…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bourgeois v. Dade Cnty., 99 So. 2d 575 (Fla. 1956)
- Hilkmeyer v. Latin Am. AIR Cargo Expediters, Inc., 94 So. 2d 821 (Fla. 1957)
- Matarese v. Moore-McCORMACK Lines, Inc., 158 F.2d 631 (2d Cir. 1946)
- Burch v. Strange, 126 So. 2d 898 (Fla. 1st DCA 1961)
- Official Airlines Schedule Info. Serv., Inc. v. E. AIR Lines, Inc., 333 F.2d 672 (5th Cir. 1964)
- Mitchell Novelty Co. v. United MFG. Co., 199 F.2d 462 (7th Cir. 1952)
- Hamilton Nat. Bank v. Belt, 210 F.2d 706 (D.C. Cir. 1953)