EDWIN K. WILLIAMS & CO.-EAST, DOING BUSINESS AS MARCOIN MANAGEMENT SERVICES, APPELLANT,
v.
JAMES O. HUSTAD AND JOAN HUSTAD, APPELLEES
PER CURIAM.
Upon review of the record on appeal and after consideration of the briefs and oral argument of counsel for the respective parties, we determine that the trial court erred in entering final judgment in the sum of $30,000 for the appellees/counter-plaintiffs, James 0. Hustad and Joan Hustad.
The evidence in the record does not support the jury’s verdict in its assessment of damages. The counter-plaintiffs failed to carry forth the burden of proving future damages with reasonable certainty. Butler v. Mirabelli, 179 So. 2d 868 (Fla.App.1965). There was no competent proof as to the amount of actual loss, and the evidence proffered on the question of damages was too speculative, conjectural and vague to allow the jury any reasonable basis on which to make such award. Florida Ventilated Awning Co. v. Dickson, 67 So. 2d 215 (Fla.1953).
Accordingly, the judgment appealed is reversed and the cause remanded for a new trial only as to damages.
Reversed and remanded.
WALDEN, C. J., and CROSS and OWEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hustad v. Edwin K. Williams & Co.-East, 321 So. 2d 601 (Fla. 4th DCA 1975)…be specifically enforced. The order appealed is reversed and this cause remanded for further proceedings in accordance herewith. Reversed and remanded. CROSS and DOWNEY, JJ., concur. . See, Edwin K. Williams & Co. — East v. Hustad, 4th DCA Fla., 321 So. 2d 600, 1975.…
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Cadillac Motor CAR Division v. Brown, 428 So. 2d 301 (Fla. 3d DCA 1983)…sue of damages. Harvey, as the driver, suffered no compensatory loss and the award was purely speculative with no basis in the record. Florida Ventilated Awning Co., Inc. v. Dickson, 67 So. 2d 215 (Fla.1953); Edwin K. Williams & Co.-East, v. Hustad, 321 So. 2d 600 (Fla. 4th DCA 1975). Harvey’s judgment being reversed, the wife’s judgment on her derivative claim likewise falls. Therefore the final judgments in favor of Harvey L. Brown and Gayl Brown be and they are hereby reversed with directions to dismiss th…
Authorities Cited
- Fla. Ventilated Awning Co., Inc. v. Dickson, 67 So. 2d 215 (Fla. 1953)
- Hustad v. Edwin K. Williams & Co.-East, 321 So. 2d 601 (Fla. 4th DCA 1975)
- Amorelli v. Cazin, 179 So. 2d 868 (Fla. 2d DCA 1965)