Hando v. Woodlake Villa's, Inc.

District Court of Appeal of Florida

Hando v. Woodlake Villa's, Inc.

458 So. 2d 1228, 9 Fla. L. Weekly 2446, 1984 Fla. App. LEXIS 16352

CourtDistrict Court of Appeal of Florida

DecidedNovember 21, 1984

DocketNo. 84-403

StatusPublished

This text of 458 So. 2d 1228 (Hando v. Woodlake Villa's, Inc.) 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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Hando v. Woodlake Villa's, Inc., 458 So. 2d 1228, 9 Fla. L. Weekly 2446, 1984 Fla. App. LEXIS 16352 (Fla. Ct. App. 1984).

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Opinion

PER CURIAM.

Both parties agree that the trial court erred by applying an incorrect measure of damages. We cannot tell from the final judgment entered in this cause whether the trial court found liability in breach of contract or in negligence. There is evidence sufficient to support the finding of liability; however, there is no basis in the record for the amount of damages awarded by the trial court. Accordingly, we reverse and remand with directions to the trial court to conduct a trial solely upon the issue of damages.

REVERSED AND REMANDED.

DOWNEY, DELL and BARKETT, JJ., concur.

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PER CURIAM.

Both parties agree that the trial court erred by applying an incorrect measure of damages. We cannot tell from the final judgment entered in this cause whether the trial court found liability in breach of contract or in negligence. There is evidence sufficient to support the finding of liability; however, there is no basis in the record for the amount of damages awarded by the trial court. Accordingly, we reverse and remand with directions to the trial court to conduct a trial solely upon the issue of damages.

REVERSED AND REMANDED.

DOWNEY, DELL and BARKETT, JJ., concur.

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458 So. 2d 1228, 9 Fla. L. Weekly 2446, 1984 Fla. App. LEXIS 16352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hando-v-woodlake-villas-inc-fladistctapp-1984.