International Equipment Co. v. Town Sandwich Shop, Inc.

District Court of Appeal of Florida

International Equipment Co. v. Town Sandwich Shop, Inc.

369 So. 2d 955, 1978 Fla. App. LEXIS 17282

CourtDistrict Court of Appeal of Florida

DecidedOctober 3, 1978

DocketNo. 77-2678

StatusPublished

Cited by1 cases

This text of 369 So. 2d 955 (International Equipment Co. v. Town Sandwich Shop, 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

International Equipment Co. v. Town Sandwich Shop, Inc., 369 So. 2d 955, 1978 Fla. App. LEXIS 17282 (Fla. Ct. App. 1978).

Pincite

Opinion

KEHOE, Judge.

Appellant, plaintiff below, brings this appeal from an order granting appellees’, defendants below, motion for enforcement of a settlement agreement, a final judgment in favor of appellees’ on their counterclaim in the amount of $64,000, and an order denying their motion to vacate, amend, or set aside the final judgment.

We have carefully reviewed each of the points raised by appellant on appeal, and have concluded that, except as to one, they are without merit. We believe that, as contended by appellant, the trial court erred in entering a final judgment for damages in the amount of $64,000 on appellees’ counterclaim because there was no testimony, or other substantial competent evidence, proffered to enable the trial court to properly ascertain the amount of the actual damages involved in this case. See, e. g., United Steel & Strip Corp. v. Monex Corporation, 310 So.2d 339 (Fla.3d DCA 1975). Accordingly, the orders and judgment appealed are affirmed, except that portion of the final judgment allowing damages in the amount of $64,000 is reversed, and the cause is remanded for further proceedings consistent with this opinion.

Reversed and remanded.

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

KEHOE, Judge.

Appellant, plaintiff below, brings this appeal from an order granting appellees’, defendants below, motion for enforcement of a settlement agreement, a final judgment in favor of appellees’ on their counterclaim in the amount of $64,000, and an order denying their motion to vacate, amend, or set aside the final judgment.

We have carefully reviewed each of the points raised by appellant on appeal, and have concluded that, except as to one, they are without merit. We believe that, as contended by appellant, the trial court erred in entering a final judgment for damages in the amount of $64,000 on appellees’ counterclaim because there was no testimony, or other substantial competent evidence, proffered to enable the trial court to properly ascertain the amount of the actual damages involved in this case. See, e. g., United Steel & Strip Corp. v. Monex Corporation, 310 So.2d 339 (Fla.3d DCA 1975). Accordingly, the orders and judgment appealed are affirmed, except that portion of the final judgment allowing damages in the amount of $64,000 is reversed, and the cause is remanded for further proceedings consistent with this opinion.

Reversed and remanded.

Cite This Page — Counsel Stack

Bluebook (online)

369 So. 2d 955, 1978 Fla. App. LEXIS 17282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/international-equipment-co-v-town-sandwich-shop-inc-fladistctapp-1978.

Opinion

Related

Cite This Page — Counsel Stack