ALAIN PEDROSO AND HAYDEE PORRAS
v.
CITIZENS PROPERTY INSURANCE CORPORATION
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A plaintiff must present evidence authorizing a definite and specific amount of damages; damages cannot be awarded based on speculation or guesswork.
[1] In Florida, a party claiming economic losses bears the burden of producing evidence that justifies a definite and specific amount of damages; damages may not be founded o…
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Join FLexlaw to unlock all legal intelligence“Before damages may be awarded, there must be evidence authorizing or justifying award of a definite amount”
Court citing Gonzalez v. Barrenechea and Fla. Ventilated Awning Co. v. Dickson to establish the evidentiary standard for damages awards.
Alain Pedroso and Haydee Porras brought a claim against Citizens Property Insurance Corporation. The trial court rendered judgment against them.…
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PER CURIAM.
Affirmed. See Gonzalez v. Barrenechea, 170 So. 3d 13, 20 n. 4 (Fla. 3d DCA 2015) (observing: “Before damages may be awarded, there must be evidence authorizing or justifying award of a definite amount”) (quoting Fla. Ventilated Awning Co. v. Dickson, 67 So. 2d 215 (Fla. 1953)) (affirming judgment where plaintiff failed to present a sufficient evidentiary predicate upon which a definite sum of damages could be awarded, and holding that, in the absence of same, any sum awarded would be pure speculation); United Steel & Strip Corp. v. Monex Corp., 310 So. 2d 339, 342 (Fla. 3d DCA 1975) (holding: “It is incumbent upon a plaintiff in a trial court to present evidence to justify an award of damages in definite amount. Damages are recoverable only to the extent that the evidence affords a sufficient basis for estimating an amount in money with reasonable certainty”); Kennedy & Ely Ins., Inc. v. Am. Emp'rs Ins. Co., 179 So. 2d 248, 249 (Fla. 3d DCA 1965) (holding: “Before damages may be awarded there must be evidence authorizing or justifying the award of a definite amount, which cannot be predicated upon pure speculation”); United Auto. Ins. Co. v. Colon, 990 So. 2d 1246, 1248 (Fla. 4th DCA 2008) (holding: “It has long been accepted in Florida that a party claiming economic losses must produce evidence justifying a definite amount. Economic damages may not be founded on jury speculation or guesswork and must rest on some reasonable factual basis. Plaintiff has the burden of presenting evidence justifying a specific and definite amount of economic damages. Where there is no evidence to justify any amount on a claim for economic damages, defendant is entitled to judgment on the claim. Where there is no evidence to justify any amount on a claim for economic damages, defendant is entitled to judgment on the claim”) (citations omitted).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Fla. Ventilated Awning Co., Inc. v. Dickson, 67 So. 2d 215 (Fla. 1953)
- Kennedy & ELY Ins., Inc. v. Am. Emp'rs' Ins. Co., 179 So. 2d 248 (Fla. 3d DCA 1965)
- United Steel & Strip Corp. v. Monex Corp. & Sea-Land Serv., Inc., 310 So. 2d 339 (Fla. 3d DCA 1975)
- Gonzalez v. Barrenechea, 170 So. 3d 13 (Fla. 3d DCA 2015)