NATIONAL EQUIPMENT RENTAL, LTD., APPELLANT,
v.
LITTLE ITALY RESTAURANT & DELICATESSEN, INC., DOMENICO ARMANNO AND VINCENZA ARMANNO, APPELLEES
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The court held that a fraud claim requires proof of actual damages, which was absent in this case.
A creditor attempted to establish a foreign judgment in Florida, but the judgment debtors opposed it on jurisdictional grounds and counterclaimed for …
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LETTS, Judge.
This appeal centers around an attempt by a creditor to establish his foreign judgment in Florida. The attempt was successfully opposed on jurisdictional grounds and a jury verdict rendered in favor of the judgment debtors on their counterclaim sounding in fraud. We reverse the $1,500 award arising out of said counterclaim.
In presenting their claim of fraud, the judgment debtors produced no facts or evidence to show that they had sustained any damages in type or amount. There was no showing that they lost any monies nor that the alleged misrepresentation had any adverse effect upon them whatever. Actual damages and the measure thereof are essential as a matter of law in establishing a claim of fraud. Tampa Union Terminal Co. v. Richards, 108 Fla. 516, 146 So. 591 (1933); Automated Management Systems of Florida, Inc. v. Thomson & McKinnon, Inc., 261 So. 2d 531 (Fla. 3rd DCA 1972); Berwick Corp. v. Kleinginna Investment Corp., 143 So. 2d 684 (Fla. 3rd DCA 1962).
Accordingly, we must reverse the final judgment on the counterclaim. In all other respects this cause is affirmed.
REVERSED AND REMANDED FOR THE ENTRY OF A JUDGMENT IN ACCORDANCE HEREWITH.
CROSS and MOORE, JJ., concur.
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Morgan Stanley & Co. Inc. v. Coleman (Parent) Holdings Inc., 955 So. 2d 1124 (Fla. 4th DCA 2007)…r, 411 So. 2d 1347, 1349 (Fla. 1st DCA 1982). It is fundamental that “[ajctual damages and the measure thereof are essential as a matter of law in establishing a claim of fraud.” Nat’l Equip. Rental, Ltd. v. Little Italy Rest. & Delicatessen, Inc., 362 So. 2d 338, 339 (Fla. 4th DCA 1978). “Damage is of the very essence of an action for fraud or deceit.” Casey v. Welch, 50 So. 2d 124, 125 (Fla.1951). Without proof of actual damage the fraud is not actionable. Id.; Stokes v. Victory Land Co., 99 Fla. 795, 128…
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Anton Nicolai Simon v. The Celebration Co., 883 So. 2d 826 (Fla. 5th DCA 2004)…in a complaint that often fails to particularize which of the nine defendants made which statements. Furthermore, actual damages is an element of an action for fraud. National Equipment Rental, Ltd. v. Little Italy Restaurant & Delicatessen, Inc., 362 So. 2d 338, 339 (Fla. 4th DCA 1978). As such, this element must be pled using specific, ultimate facts. Held, 414 So. 2d at 632. Moreover, fraud cannot form the basis for recovery of damages unless the damages directly arise from the fraud and are causally con…
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In re Standard Jury Instructions IN Civil Cases-Report NO. 09-01 (Reorganization of the Civil Jury Instructions). In re Standard Jury Instructions in Civil Cases-Report No. 09-02 (Greater Weight of the Evidence, 35 So. 3d 666 (Fla. 2010)…326 (1928); Wheeler v. Baars, 33 Fla. 696, 15 So. 584 (Fla.1894); National Aircraft Services, Inc. v. Aeroserv International, Inc., 544 So. 2d 1063 (Fla. 3d DCA 1989); National Equipment Rental, Ltd. v. Little Italy Restaurant & Delicatessen, Inc., 362 So. 2d 338 (Fla. 4th DCA 1978). The damage attributable to the fraud must be separate from the damages flowing from a breach of contract. AFM Corp. v. Southern Bell Telephone & Telegraph Co., 515 So. 2d 180 (Fla.1987); National Aircraft Services, Inc. v. Aeros…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Berwick Corp. v. Kleinginna Inv. Corp., 143 So. 2d 684 (Fla. 3d DCA 1962)
- Tampa Union Terminal Co. v. Richards, 108 Fla. 516 (Fla. 1933)
- Automated Mgmt. Sys. OF Fla., Inc. v. Thomson & McKINNON, Inc., 261 So. 2d 531 (Fla. 3d DCA 1972)