Green Mountain Corp. v. Frink

District Court of Appeal of Florida

Green Mountain Corp. v. Frink

604 So. 2d 579, 1992 Fla. App. LEXIS 9794, 1992 WL 222144

CourtDistrict Court of Appeal of Florida

DecidedSeptember 16, 1992

DocketNo. 91-2623

StatusPublished

Cited by2 cases

This text of 604 So. 2d 579 (Green Mountain Corp. v. Frink) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Green Mountain Corp. v. Frink, 604 So. 2d 579, 1992 Fla. App. LEXIS 9794, 1992 WL 222144 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

Appellants, Green Mountain Corporation, Inc. and Edward J. Hamilton, appeal a final judgment rendered in favor of Appellee, [580]*580Kelly Frink. We affirm in all respects, except we reverse the award of damages for fraud.

We agree with Green Mountain’s contention that the award of compensatory damages for both breach of contract and fraud was error. The record does not contain any evidence to support an independent award of damages for fraud. Because Frink’s claims for breach of contract and fraud sought the same remedy, namely the wages he would have earned had Green Mountain not breached the contract, Frink was not entitled to recover under both theories. See Rolls v. Bliss & Nyitray, Inc., 408 So.2d 229 (Fla. 3d DCA), dismissed, 415 So.2d 1359 (Fla.1982). Accordingly, we affirm in all respects, except we reverse the award of damages for fraud.

AFFIRMED IN PART AND REVERSED IN PART.

DELL and GUNTHER, JJ., and ALDERMAN, JAMES E., Senior Justice, concur.

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PER CURIAM.

Appellants, Green Mountain Corporation, Inc. and Edward J. Hamilton, appeal a final judgment rendered in favor of Appellee, [580]*580Kelly Frink. We affirm in all respects, except we reverse the award of damages for fraud.

We agree with Green Mountain’s contention that the award of compensatory damages for both breach of contract and fraud was error. The record does not contain any evidence to support an independent award of damages for fraud. Because Frink’s claims for breach of contract and fraud sought the same remedy, namely the wages he would have earned had Green Mountain not breached the contract, Frink was not entitled to recover under both theories. See Rolls v. Bliss & Nyitray, Inc., 408 So.2d 229 (Fla. 3d DCA), dismissed, 415 So.2d 1359 (Fla.1982). Accordingly, we affirm in all respects, except we reverse the award of damages for fraud.

AFFIRMED IN PART AND REVERSED IN PART.

DELL and GUNTHER, JJ., and ALDERMAN, JAMES E., Senior Justice, concur.

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604 So. 2d 579, 1992 Fla. App. LEXIS 9794, 1992 WL 222144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-mountain-corp-v-frink-fladistctapp-1992.

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