Home/Eleventh Circuit/Afm Corporation, a Florida Corporation v. Southern Bell Telephone and Telegraph Company, a New York Corporation

Afm Corporation, a Florida Corporation v. Southern Bell Telephone and Telegraph Company, a New York Corporation

840 F.2d 787, 1988 U.S. App. LEXIS 2707, 1988 WL 17053
CourtCourt of Appeals for the Eleventh Circuit
DecidedMarch 4, 1988
Docket85-5714
StatusPublished

This text of 840 F.2d 787 (Afm Corporation, a Florida Corporation v. Southern Bell Telephone and Telegraph Company, a New York Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Afm Corporation, a Florida Corporation v. Southern Bell Telephone and Telegraph Company, a New York Corporation, 840 F.2d 787, 1988 U.S. App. LEXIS 2707, 1988 WL 17053 (11th Cir. 1988).

Opinion

PER CURIAM:

The facts of this case are set out in the original panel decision certifying three questions of law to the Supreme Court of Florida pursuant to Rule 9.150, Florida Rules of Appellate Procedure. AFM Corp. v. Southern Bell Telephone and Telegraph Corp., 796 F.2d 1467 (11th Cir.1986). We certified the following three questions:

(1) Can a plaintiff suing exclusively in tort recover lost profits?

If the answer to question 1 is yes,

(2) Can negligent or willful breach of a contract alone constitute an independent tort?

If the answer to question 2 is yes,

(3) Can such a tort be the basis of an award of punitive damages if the other criteria for awarding punitive damages are met?

The Supreme Court of Florida restated these issues into the following question:

Does Florida permit a purchaser of services to recover economic losses in tort without a claim for personal injury or property damage?

The court then answered the restated question in the negative. AFM Corp. v. Southern Bell Telephone and Telegraph, 515 So.2d 180 (Fla.1987). Accordingly, the district court’s judgment must be

REVERSED.

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Related

Afm Corporation, a Florida Corporation v. Southern Bell Telephone and Telegraph Company, a New York Corporation
796 F.2d 1467 (Eleventh Circuit, 1986)
AFM Corp. v. Southern Bell Tel. & Tel.
515 So. 2d 180 (Supreme Court of Florida, 1987)

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Bluebook (online)
840 F.2d 787, 1988 U.S. App. LEXIS 2707, 1988 WL 17053, Counsel Stack Legal Research, https://law.counselstack.com/opinion/afm-corporation-a-florida-corporation-v-southern-bell-telephone-and-ca11-1988.