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R.D.M.H., Inc. v. Dempsey

District Court of Appeal of Florida, Fifth District
May 28, 1993
618 So. 2d 794 (Fla. Dist. Ct. App. 1993)

Summary

affirming award of compensatory damages for breach of contract claim, and reversing compensatory damages award for fraud claim because record evidence did not support an independent award of compensatory damages for fraud

Summary of this case from Williams v. Peak Resorts Intern. Inc.

Opinion

No. 92-1146.

May 28, 1993.

Appeal from the Circuit Court, Brevard County, Lawrence V. Johnston, III, J.

Marcia K. Lippincott of Marcia K. Lippincott, P.A., Orlando, for appellants.

Richard A. Manzo and Roy A. Praver of Law Offices of Manzo Praver, P.A., Titusville, for appellee.


Finding no error in the trial court's evidentiary rulings and the existence of substantial competent evidence to establish a breach of contract, we affirm that portion of the final judgment awarding the plaintiff $88,617.00 in compensatory damages under Count I of the complaint.

However, we reverse the remaining award of compensatory damages for fraud and the associated punitive damage award. An award of compensatory damages for both breach of contract and fraud is erroneous where the plaintiff fails to establish that he sustained compensatory damages based on fraud which were in any way separate or distinguishable from the compensatory damage award for breach of contract. Rolls v. Bliss Nyitray, Inc., 408 So.2d 229 (Fla. 3d DCA 1981), dismissed, 415 So.2d 1359 (Fla. 1982). See, e.g., Green Mountain Corp., Inc. v. Frink, 604 So.2d 579 (Fla. 4th DCA 1992). The record here does not contain any evidence to support an independent award of compensatory damages for fraud. Because compensatory damages for fraud were not properly recoverable, the award of punitive damages cannot stand. See Lake Placid Holding Co. v. Paparone, 508 So.2d 372 (Fla. 2d DCA), rev. denied, 515 So.2d 230 (Fla. 1987).

As a result of our holding, we remand the cause for entry of a corrected final judgment.

AFFIRMED in part; REVERSED in part; REMANDED.

W. SHARP and DIAMANTIS, JJ., concur.


Summaries of

R.D.M.H., Inc. v. Dempsey

District Court of Appeal of Florida, Fifth District
May 28, 1993
618 So. 2d 794 (Fla. Dist. Ct. App. 1993)

affirming award of compensatory damages for breach of contract claim, and reversing compensatory damages award for fraud claim because record evidence did not support an independent award of compensatory damages for fraud

Summary of this case from Williams v. Peak Resorts Intern. Inc.
Case details for

R.D.M.H., Inc. v. Dempsey

Case Details

Full title:R.D.M.H., INC. AND RUDOLPH HARDICK, APPELLANTS, v. RICHARD J. DEMPSEY…

Court:District Court of Appeal of Florida, Fifth District

Date published: May 28, 1993

Citations

618 So. 2d 794 (Fla. Dist. Ct. App. 1993)

Citing Cases

La Pesca Grande Charters, Inc. v. Moran

Under these circumstances, the fraud count cannot survive. R.D.M.H., Inc. v. Dempsey, 618 So.2d 794 (Fla. 5th…

Williams v. Peak Resorts Intern. Inc.

It is well settled that a party may not recover damages for both breach of contract and fraud unless the…