DOCTOR DIABETIC SUPPLY, INC., APPELLANT,
v.
POAP CORP. D/B/A EXCHANGE PLACE, APPELLEE
DOCTOR DIABETIC SUPPLY, INC., APPELLANT,
POAP CORP. D/B/A EXCHANGE PLACE, APPELLEE
41 So. 3d 916
Florida District Court of Appeal, Third District (2010)
Positive Treatment
Cited by 1 case
Opinion of the Court
This is an appeal of a summary final judgment in a breach of contract action. We concur with the trial judge that the damages sought by the appellant Doctor Diabetic Supply, Inc. amounted to consequential damages. See Hardwick Props., Inc. v. Newbern, 711 So.2d 35, 40-41 (Fla. 1st DCA 1998). The parties’ contract contained a Limitation of Liability provision which precluded recovery of consequential damages. The summary judgment is affirmed.
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Authorities Cited
- Hardwick Props., Inc. v. Newbern, 711 So. 2d 35 (Fla. 1st DCA 1998)