Iglesia Bautista De "Renovacion Cristiana" v. Tamiami Baptist Church of Miami, Inc.

District Court of Appeal of Florida

Iglesia Bautista De "Renovacion Cristiana" v. Tamiami Baptist Church of Miami, Inc.

678 So. 2d 1, 1996 Fla. App. LEXIS 6513, 1996 WL 334288

CourtDistrict Court of Appeal of Florida

DecidedJune 19, 1996

DocketNo. 95-2073

StatusPublished

Cited by1 cases

This text of 678 So. 2d 1 (Iglesia Bautista De "Renovacion Cristiana" v. Tamiami Baptist Church of Miami, 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.

Bluebook

Iglesia Bautista De "Renovacion Cristiana" v. Tamiami Baptist Church of Miami, Inc., 678 So. 2d 1, 1996 Fla. App. LEXIS 6513, 1996 WL 334288 (Fla. Ct. App. 1996).

Pincite

Opinion

PER CURIAM.

This is an appeal from an adverse summary judgment finding that special damages were nonrecoverable as a matter of law for wrongful eviction and alternatively that appellant had waived its right to pursue such damages. We reverse. Special damages in this cause may be recoverable if the trial court ultimately finds that appellant’s members were wrongfully and prematurely evicted from the Tamiami premises which necessitated the rental of substitute church property. See 17 Fla.Jur.2d Damages, §§ 9, 126 (1980).

Further, contrary to the court’s finding, we conclude that while the record reflects that appellant did affirmatively waive its right to a jury trial on the issue of special damages, there is no record evidence that appellant ever abandoned entirely its claim for such damages. Consequently, appellant may pursue its claim for special damages before the court as incidental or supplemental to the declaratory relief previously granted. Thomas v. Cilbe, Inc., 104 So.2d 397 (Fla. 2d DCA 1958).

Reversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This is an appeal from an adverse summary judgment finding that special damages were nonrecoverable as a matter of law for wrongful eviction and alternatively that appellant had waived its right to pursue such damages. We reverse. Special damages in this cause may be recoverable if the trial court ultimately finds that appellant’s members were wrongfully and prematurely evicted from the Tamiami premises which necessitated the rental of substitute church property. See 17 Fla.Jur.2d Damages, §§ 9, 126 (1980).

Further, contrary to the court’s finding, we conclude that while the record reflects that appellant did affirmatively waive its right to a jury trial on the issue of special damages, there is no record evidence that appellant ever abandoned entirely its claim for such damages. Consequently, appellant may pursue its claim for special damages before the court as incidental or supplemental to the declaratory relief previously granted. Thomas v. Cilbe, Inc., 104 So.2d 397 (Fla. 2d DCA 1958).

Reversed and remanded.

Cite This Page — Counsel Stack

Bluebook (online)

678 So. 2d 1, 1996 Fla. App. LEXIS 6513, 1996 WL 334288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/iglesia-bautista-de-renovacion-cristiana-v-tamiami-baptist-church-of-fladistctapp-1996.

Opinion

Related

Cite This Page — Counsel Stack