Elvis Cruz v. City of Miami

Opinion

Third District Court of Appeal State of Florida

Opinion filed May 20, 2026. Not final until disposition of timely filed motion for rehearing.

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No. 3D24-2199 Lower Tribunal No. 21-10716-CA-01 ________________

Elvis Cruz, Appellant,

vs.

City of Miami, et al., Appellees.

An Appeal from the Circuit Court for Miami-Dade County, Migna Sanchez-Llorens, Judge.

David J. Winker, P.A., and David J. Winker, for appellant.

George K. Wysong, III, City Attorney, Eric J. Eves, Assistant City Attorney Supervisor and Marguerite C. Snyder, Assistant City Attorney, for appellee City of Miami.

Before LOGUE, MILLER and GOODEN, JJ.

PER CURIAM. Affirmed. See Inspired Capital, LLC v. Howell, 387 So. 3d 348, 352

(Fla. 3d DCA 2023) (“A fact finder may award nominal damages upon a

finding of a breach.”) (emphasis added); Continuum Condo. Ass’n, Inc. v.

Continuum VI, Inc., 549 So. 2d 1125, 1127 (Fla. 3d DCA 1989) (“While

nominal damages can be awarded when a legal wrong has been proven, but

the aggrieved party suffered no damages, or where, e.g., a contract has been

breached, but for one reason or another recoverable damages were not

proven, such is not the case here.”) (citations omitted).