ROGER HOLLER CHEVROLET COMPANY, A FLORIDA CORPORATION, APPELLANT,
v.
DOUGLAS ARVEY AND CHARLOTTE ARVEY, HIS WIFE, APPELLEES
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Florida appellate court affirmed fraud judgment against used car dealer but remanded to reduce punitive damages to the ad damnum amount and eliminate unsupported loss-of-use damages.
Punitive damages cannot exceed the amount demanded in the ad damnum clause, and damages must be supported by evidence in the record.
[1] Punitive damages in a fraud action cannot exceed the amount specified in the ad damnum clause of the complaint, as awarding a greater amount would constitute an unfair su…
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Join FLexlaw to unlock all legal intelligence“the court should not award punitive damages in an amount greater than that sought in the ad damnum clause, for that would constitute a surprise at trial”
Court explaining the limitation on punitive damages awards relative to the ad damnum clause
Appellees purchased an automobile from appellant dealer and discovered it had a false odometer reading. They sued for conversion and fraud and deceit.…
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PER CURIAM.
Appellees sued appellant in two counts, 1) for conversion of their automobile, and 2) for fraud and deceit for knowingly selling them an automobile with a false odometer reading.
The case was tried without a jury. From the proof adduced and the final judgment entered it is apparent the trial court found for the appellees on the count based upon fraud and deceit. The judgment contains various items of compensatory damages totaling $1,286.65 and $5,000 punitive damages. Among the compensatory damages awarded is an item for 'loss of use of the automobile. We are unable to find any basis in, the record therefor, either in the pleadings or the proof. In addition, the ad damnum clause in the second count demands $2,000 for punitive damages. Unquestionably punitive damages are recoverable in a case such as this if the facts justify such an award. See cases cited at Annot: Sales-Used Automobiles-Warranty, 36 A.L.R.3d 125, 226-230; cf. Brown v. Cahill, Fla.App. 1963, 157 So. 2d 871. However, the court should not award punitive damages in an amount greater than that sought in the ad damnum clause, for that would constitute a surprise at trial. Compare Fain v. Cartwright, 132 Fla. 855, 182 So. 302 (1938), with Chasin v. Richey, Fla.1957, 91 So. 2d 811.
Accordingly, the cause is remanded to the trial court with directions to amend the final judgment by eliminating the amount awarded for loss of use and by reducing the punitive damages to $2,000.
Affirmed as modified.
OWEN, C. J., and CROSS and DOW-NEY, JJ., concur.
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First Interstate Dev. Corp. v. Ablanedo, 511 So. 2d 536 (Fla. 1987)…la.1980); Charter Air Center, Inc. v. Miller, 348 So. 2d 614 (Fla. 2d DCA), cert. denied, 354 So. 2d 983 (Fla.1977); Lloyd v. De-Ferrari, 314 So. 2d 224 (Fla. 3d DCA 1975), cert. denied, 330 So. 2d 19 (Fla.1976); Roger Holler Chevrolet Co. v. Arvey, 314 So. 2d 633 (Fla. 4th DCA 1975); Ashland Oil, Inc. v. Pickard, 269 So. 2d 714 (Fla. 3d DCA 1972), cert. denied, 285 So. 2d 18 (Fla.1973); City of Hollywood v. Coley, 258 So. 2d 828 (Fla. 4th DCA 1971); Associated Heavy Equipment Schools, Inc. v. Masiello, 219 S…
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Speedway Superamerica, LLC v. Dupont, 933 So. 2d 75 (Fla. 5th DCA 2006)…. 2d 477 (Fla. 5th DCA 2004). Even though the federal court acted correctly in remanding this case back to the state court, Speedway contends Dupont should be estopped from recovering more than $74,999. It cites Roger Holler Chevrolet Co. v. Arvey, 314 So. 2d 633 (Fla. 4th DCA 1975). However, that case turned on a pleading by the plaintiffs in which they specifically asked for $2,000 in punitive damages and were awarded $5,000. The appellate court said that was an unfair “surprise” at trial and directed redu…
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Crown Eurocars, Inc. v. Schropp, 636 So. 2d 30 (Fla. 2d DCA 1993)…during the period he relinquished possession to Crown for Mercedes-Benz’ inspection of it as well as for the time it took to apply the special process.4 See Miles v. Kavanaugh, 350 So. 2d 1090 (Fla. 3d DCA 1977); Roger Holler Chevrolet Co. v. Arvey, 314 So. 2d 633 (Fla. 4th DCA 1975); cf. Schryburt v. Olesen, 475 So. 2d 715 (Fla. 2d DCA 1985) (loss of use can satisfy damages element but proofs lacking in case). Accordingly, we find that there was competent substantial evidence to support the award of compensa…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fain v. Cartwright, 132 Fla. 855 (Fla. 1938)
- Chasin v. Richey, 91 So. 2d 811 (Fla. 1957)
- Brown v. Cahill, 157 So. 2d 871 (Fla. 3d DCA 1963)