John Brown Automation, Inc. v. Nobles

537 So. 2d 614, 1988 WL 133891
CourtDistrict Court of Appeal of Florida
DecidedDecember 16, 1988
Docket87-3255
StatusPublished
Cited by31 cases

This text of 537 So. 2d 614 (John Brown Automation, Inc. v. Nobles) 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
John Brown Automation, Inc. v. Nobles, 537 So. 2d 614, 1988 WL 133891 (Fla. Ct. App. 1988).

Opinion

537 So.2d 614 (1988)

JOHN BROWN AUTOMATION, INC., Previously Known As Wickman Machine Tools, Inc., Wickman Automatic Lathes, Limited, and John Brown, Plc, Appellants,
v.
Lewis J. NOBLES, Jr., d/b/a Nobles Packing Company and McHan Manufacturing Company, Inc., Appellees.

No. 87-3255.

District Court of Appeal of Florida, Second District.

December 16, 1988.
Rehearing Denied February 1, 1989.

*615 Julian Clarkson of Holland & Knight, Tallahassee, and Ned N. Julian, Jr., of Stenstrom, McIntosh, Julian, Colbert & Whigham, P.A., Sanford, for appellants.

James E. Thompson, G. Donovan Conwell, Jr., and Chris W. Altenbernd of Fowler, White Gillen, Boggs, Villareal & Banker, P.A., Tampa, for appellees.

FRANK, Judge.

This case arises from the appellants' failure to deliver in a timely fashion three machines and appropriate tooling capable of manufacturing collet nuts. The trial resulted in an extraordinary $6,000,000 punitive damage award to the appellees, together with compensatory damages totalling $2,200,000. The appellants have sought review of the judgments entered upon the jury verdicts. We reverse.

The underlying dispute in this matter has its genesis in the desire of Lewis J. Nobles, Jr., a Collier County tomato grower, to invest in an enterprise for the manufacture of collet nuts. Collet nuts are metal locking devices intended for use on agricultural and irrigation equipment. Nobles had used the collet nuts on some of his equipment, and the satisfactory results he obtained caused him to think that investment in their manufacture would prove lucrative. The collet nut had been manufactured by McHan Manufacturing Co., a corporation organized in 1982 by Nobles' friend, J.D. McHan.

By June of 1983 McHan Manufacturing had begun to have financial difficulties. Nobles initiated a series of loans to McHan which by May of 1984 amounted to a total of $570,529.51. Nobles also began negotiations to acquire a controlling stock interest in McHan Manufacturing, and in August of 1983 he purchased more than 70% of the McHan stock for a total price of $304,500.

When Nobles began investing in McHan Manufacturing it had only one old machine producing its primary product — collet nuts; its secondary product was garden hoes. Nobles and McHan agreed that it was necessary to upgrade the operation with better equipment in order to expand the collet nut business. McHan returned a reply card from a trade journal to John Brown PLC, a British holding company that at the time numbered among its wholly-owned subsidiaries John Brown, Inc., formerly known as Wickman Machine Tools, Inc., a United States Corporation, and Wickman Lathes, a British company. Wickman Machine and Wickman Lathes were members of John Brown PLC's Machine Tool Division. Wickman Lathes manufactured large multispindle automatic lathes, together with associated parts, of the type needed by McHan Manufacturing to enhance its collet nut production. John Brown, Inc. was the exclusive selling agent in the United States for the machines made by Wickman.

The card sent by McHan to John Brown PLC was ultimately forwarded to John Brown, Inc.'s southeast regional manager, George Appleby. Appleby communicated *616 with Von Plourde, John Brown, Inc.'s Florida representative, who made several calls on McHan during August and September of 1983. In late September, 1983, three purchase orders, for machines of three different sizes, were prepared naming Nobles as purchaser and specifying delivery dates, the latest of which was November, 1983. Nobles financed the purchase of these machines through a lease purchase agreement with Dresser Leasing Corporation. The total cost of the three machines was $616,815.

Soon after the machines were delivered it became apparent that John Brown had failed to furnish all the necessary tooling accessories; the machines could not produce collet nuts. Thus we have arrived at the heart of the problem spawning this extensive litigation. McHan asserted that he explained to Von Plourde that he and Nobles required immediate delivery and setup of the machines because they needed to fill contracts and orders, and they were spending large sums to fund McHan's operation. Von Plourde communicated the sense of urgency to one of John Brown's vice presidents. John Brown, Inc. represented to Nobles and McHan that the parts existed and would be forthcoming. Most of the parts were finally shipped for two of the machines by January of 1984, at which time they became functional. The third machine, however, could not produce collet nuts without a missing threadchasing attachment that was unavailable.

During the months of November and December Von Plourde was involved in extensive discussions with Nobles, McHan, and John Brown representatives about the missing parts and the need for their delivery. At the end of January, 1984, Wickman Lathes advised Von Plourde that it was withdrawing from the manufacturing of metal cutting machine tools but would continue to provide technical service and spare parts for machines supplied to North American customers. By April of 1984 McHan Manufacturing ceased operations, sold the three machines, and applied the proceeds to the Dresser lease-purchase agreement. Nobles then decided to cut his losses and he stopped financing McHan Manufacturing. In May of 1985 Nobles ceased making payments to Dresser and instituted this lawsuit.

Nobles and McHan Manufacturing sued John Brown PLC, John Brown Automation (the successor to Wickman Machine Tools, Inc.), Wickman Automatic Lathes, Dresser Leasing Corp., and V.P. Precision Equipment Corp. (the selling agent whose president is B. Von Plourde). Dresser was dropped prior to trial after achieving a settlement. The multi-count complaint was grounded upon several causes of action, among them breach of contract, breach of implied warranties, intentional misrepresentation, and negligent misrepresentation.

At trial Nobles claimed the following damages:

  Payments for McHan Manufacturing stock    $304,500.00
  Loans to McHan Manufacturing               570,527.50
  Payments to Dresser Leasing                228,863.88
  Salary to Drake Doty, a McHan employee      29,116.00
  Payments due to Dresser Leasing            390,000.00
                                           ============
                                           1,523,007.38

McHan Manufacturing sought damages in the total amount of $662,658.89, representing its payroll, overhead, and related expenses. The jury, apparently rounding off the figures, awarded Nobles $1,500,000 and McHan $700,000. In addition, Nobles and McHan Manufacturing were each awarded $3,000,000 in punitive damages. V.P. Precision was found to be without fault.

John Brown has appealed on two points: first, that punitive damages are not recoverable for economic losses in a breach of contract action; second, that the trial court erroneously admitted evidence resulting in duplicative damages. We will first consider the punitive damages question.

Our consideration of this matter has included a complete review of the record, the briefs and the arguments. In the course of our deliberations we have consistently and repeatedly been returned to one salient point: when all is said and done, this is *617 essentially a breach of contract case. Nobles and McHan contracted for delivery of certain machines; the appellants failed to deliver as promised, although eventually most of the contractual duties were performed, albeit in an untimely manner.

Punitive damages for breach of contract are barred by Florida law.

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Bluebook (online)
537 So. 2d 614, 1988 WL 133891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-brown-automation-inc-v-nobles-fladistctapp-1988.