R.D.M.H., Inc. v. Dempsey

District Court of Appeal of Florida

R.D.M.H., Inc. v. Dempsey

618 So. 2d 794, 1993 Fla. App. LEXIS 5758, 1993 WL 177788

CourtDistrict Court of Appeal of Florida

DecidedMay 28, 1993

DocketNo. 92-1146

StatusPublished

Cited by4 cases

This text of 618 So. 2d 794 (R.D.M.H., Inc. v. Dempsey) 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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R.D.M.H., Inc. v. Dempsey, 618 So. 2d 794, 1993 Fla. App. LEXIS 5758, 1993 WL 177788 (Fla. Ct. App. 1993).

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Opinion

WHITE, A.B., Associate Judge.

Finding no error in the trial court’s evi-dentiary rulings and the existence of substantial competent evidence to establish a breach of contract, we affirm that portion of the final judgment awarding the plaintiff $88,617.00 in compensatory damages under Count I of the complaint.

However, we reverse the remaining award of compensatory damages for fraud and the associated punitive damage award. An award of compensatory damages for both breach of contract and fraud is erro[795]*795neous where the plaintiff fails to establish that he sustained compensatory damages based on fraud which were in any way separate or distinguishable from the compensatory damage award for breach of contract. Rolls v. Bliss & Nyitray, Inc., 408 So.2d 229 (Fla. 3d DCA 1981), dismissed, 415 So.2d 1359 (Fla.1982). See, e.g., Green Mountain Corp., Inc. v. Frink, 604 So.2d 579 (Fla. 4th DCA 1992). The record here does not contain any evidence to support an independent award of compensatory damages for fraud. Because compensatory damages for fraud were not properly recoverable, the award of punitive damages cannot stand. See Lake Placid Holding Co. v. Paparone, 508 So.2d 372 (Fla. 2d DCA), rev. denied, 515 So.2d 230 (Fla.1987).

As a result of our holding, we remand the cause for entry of a corrected final judgment.

AFFIRMED in part; REVERSED in part; REMANDED.

W. SHARP and DIAMANTIS, JJ., concur.

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WHITE, A.B., Associate Judge.

Finding no error in the trial court’s evi-dentiary rulings and the existence of substantial competent evidence to establish a breach of contract, we affirm that portion of the final judgment awarding the plaintiff $88,617.00 in compensatory damages under Count I of the complaint.

However, we reverse the remaining award of compensatory damages for fraud and the associated punitive damage award. An award of compensatory damages for both breach of contract and fraud is erro[795]*795neous where the plaintiff fails to establish that he sustained compensatory damages based on fraud which were in any way separate or distinguishable from the compensatory damage award for breach of contract. Rolls v. Bliss & Nyitray, Inc., 408 So.2d 229 (Fla. 3d DCA 1981), dismissed, 415 So.2d 1359 (Fla.1982). See, e.g., Green Mountain Corp., Inc. v. Frink, 604 So.2d 579 (Fla. 4th DCA 1992). The record here does not contain any evidence to support an independent award of compensatory damages for fraud. Because compensatory damages for fraud were not properly recoverable, the award of punitive damages cannot stand. See Lake Placid Holding Co. v. Paparone, 508 So.2d 372 (Fla. 2d DCA), rev. denied, 515 So.2d 230 (Fla.1987).

As a result of our holding, we remand the cause for entry of a corrected final judgment.

AFFIRMED in part; REVERSED in part; REMANDED.

W. SHARP and DIAMANTIS, JJ., concur.

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618 So. 2d 794, 1993 Fla. App. LEXIS 5758, 1993 WL 177788, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rdmh-inc-v-dempsey-fladistctapp-1993.

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