COUNTRY CLUB OF MIAMI CORPORATION, PETITIONER,
v.
MARGARET M. MCDANIEL, RESPONDENT
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The Florida District Court of Appeal reversed a trial court's denial of a motion to dismiss in a breach of contract case, holding that punitive damages cannot be awarded for breach of contract alone without an allegation of an independent tort. The court found that the plaintiff's complaint failed to allege a separate tortious conduct and thus lacked the jurisdictional amount needed for circuit court review.
Punitive damages are not recoverable for breach of contract unless the plaintiff alleges and proves an independent tort involving intentional wrong, insult, abuse, or gross negligence. Here, the plaintiff's complaint contained no such allegation and therefore failed to establish the jurisdictional amount requirement for circuit court jurisdiction.
[1] Punitive damages are generally not recoverable for breach of contract.
[2] Punitive damages may be recovered for breach of contract where the acts constituting the breach also amount to an independent tort.
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Join FLexlaw to unlock all legal intelligence“Generally, punitive damages are not recoverable for breach of contract; but where the acts constituting a breach of contract also amount to a cause of action in tort, there may be recovery of exemplary damages upon proper allegations and proof of intentional wrong, insult, abuse or gross negligence constituting an independent tort.”
Establishes the governing legal principle that punitive damages require an independent tort in addition to breach of contract
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Join FLexlaw to unlock all legal intelligenceMargaret M. McDaniel filed a complaint against Country Club of Miami Corporation for breach of a real estate purchase agreement, seeking compensatory …
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NATHAN, Judge.
This is a petition for writ of certiorari presented by the defendant, Country Club of Miami Corporation, for review of the trial court’s denial of the defendant’s motion to dismiss.
The plaintiff, Margaret M. McDaniel, filed her complaint for breach of contract, praying for compensatory damages in the amount of $2,019.85 and for punitive damages in excess of $5,000.00 “for the oppressive and malicious and wanton disregard by the Defendant of its obligations” under the subject real estate purchase agreement. The defendant answered the complaint and then moved to dismiss for lack of subject matter jurisdiction in that the claim did not meet the $2,500.00 jurisdictional requirements of the circuit court and that plaintiff was not entitled to a claim for punitive damages for breach of contract without alleging an independent tort. The trial court determined “that Plaintiff is entitled to a claim for punitive damages upon a claim for willful breach of contract, thereby fulfilling the jurisdictional requirements of the Circuit Court” and the motion was denied.
Count I of the plaintiff’s complaint sets forth allegations for breach of contract. Count II, entitled “Punitive Damages,” sets forth allegations as to defendant’s willful disregard of its contractual obligations. There are no other counts or claims. Generally, punitive damages are not recoverable for breach of contract; but where the acts constituting a breach of contract also amount to a cause of action in tort, there may be recovery of exemplary damages upon proper allegations and proof of intentional wrong, insult, abuse or gross negligence constituting an independent tort. Griffith v. Shamrock Village, Fla.1957, 94 So. 2d 854, 858. In Count II, the plaintiff fails to allege a willful, independent tort, separate and apart from the breach of contract upon which punitive damages might be claimed.
Accordingly, the petition for writ of certiorari is granted and the order denying the defendant’s motion to dismiss is quashed. This cause is remanded to the trial court with directions to strike Count II from the complaint and to transfer the cause to the county court for final disposition on its merits. Rule 1.060(a), R.C.P. It is so ordered.
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Lewis v. Barnett Guthartz, 428 So. 2d 222 (Fla. 1982)…tional Land Corp. v. Hanna, 323 So. 2d 567 (Fla.1975); Masciarelli v. Maco Supply Corp., 224 So. 2d 329 (Fla.1969); Saltmarsh v. Detroit Automobile Inter-Insurance Exchange, 344 So. 2d 862 (Fla. 3d DCA 1977); Country Club of Miami Corp. v. McDaniel, 310 So. 2d 436 (Fla. 3d DCA 1975); Associated Heavy Equipment Schools, Inc. v. Masiello, 219 So. 2d 465 (Fla. 3d DCA 1969). We reaffirm the rule and its underlying policy: an unwillingness to introduce uncertainty and confusion into business transactions as well a…
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Soffer v. R.J. Reynolds Tobacco Co., 187 So. 3d 1219 (Fla. 2016)…to, and dependent upon, the existence of an underlying claim. ” See Liggett Grp. Inc. v. Engle, 853 So. 2d 434, 456 (Fla. 3d DCA 2003) (“Engle II ”), quashed in part by Engle III, 945 So. 2d at 1254; see also Country Club of Miami Corp. v. McDaniel, 310 So. 2d 436, 437 (Fla. 3d DCA 1975). Second, her reliance on the Phase I findings was not relevant to her claim for punitive damages, which she had to independently prove. See, e.g., [R.J. Reynolds Tobacco Co. v. Brown, 70 So. 3d 707, 717-18 (Fla. 4th DCA 2011)…
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B & J Holding Corp. v. Weiss, 353 So. 2d 141 (Fla. 3d DCA 1977)…amages upon the proper allegations and proof of the intentional wrong, insult, abuse or gross negligence constituting an independent tort. Griffith v. Shamrock Village, 94 So. 2d 854 (Fla.1957); Country Club of Mi [*144] ami Corporation v. McDaniel, 310 So. 2d 436 (Fla.3d DCA 1975). We find plaintiffs failed to allege a willful, independent tort, separate and apart from the breach of contract, upon which punitive damages might be claimed. We also considered plaintiffs’ remaining second point on cross-appeal…
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- Griffith v. Shamrock Vill., Inc., 94 So. 2d 854 (Fla. 1957)