CITY OF HALLANDALE, ETC., PETITIONERS,
v.
SAGE CORPORATION, ETC., RESPONDENT

Fla. | 1975-06-13
No. 46691
ROBERTS, Acting C. J., and BOYD, OVERTON and ENGLAND, JJ., concur., McCAIN, J., dissents.
315 So. 2d 179 Florida Supreme Court (1975) Positive Treatment
Cited by 3 cases

Opinion of the Court

Certiorari denied. 304 So. 2d 155.

ROBERTS, Acting C. J., and BOYD, OVERTON and ENGLAND, JJ., concur. McCAIN, J., dissents.


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  • Fort Lauderdale Lincoln Mercury, Inc. v. Fallaro, 616 So. 2d 594 (Fla. 4th DCA 1993)
    …within a reasonable degree of certainty. See, e.g., Ed. L. Nezelek v. Southern Bell Telephone & Telegraph Co., 383 So. 2d 979 (Fla. 4th DCA 1980); Ed Skoda Ford, Inc. v. P & P Paint & Body Shop, Inc., 302 So. 2d 461 (Fla. 3d DCA 1974), cert. denied, 315 So. 2d 179 (Fla.1975). Because appellant’s claim for lost profits was not speculative, appellant is entitled to recover its lost profits as a portion of its compensatory damages. Reversed and remanded for further proceedings. GLICKSTEIN, C.J., and LETTS an…
  • …profits which would have resulted from the performance of the contract and which may be ascertained with a reasonable degree of certainty.” Ed Skoda Ford, Inc. v. P&P Paint & Body Shop, Inc., 302 So. 2d 461, 461-62 (Fla. 3d DCA 1974), cert. denied, 315 So. 2d 179 (Fla.1975). Lost profits, however, is not the exclusive measure of damages for breach of contract. Indeed, the nonbreaching party has the choice of recovering either loss of profits or damages which will put him in the same position as he was prior…
  • …pts to justify its circumvention of this rule by arguing that it is inapplicable to a subchapter S corporation. It bases this argument on dicta found in Ed Skoda Ford, Inc. v. P & P Paint Body Shop, Inc., 277 So. 2d 818 (Fla.App.1973), cert. denied, 315 So. 2d 179 (Fla.1975). There, the court applied the above rule, and held that an estimate of lost profits that did not take account of officer’s salaries was inadequate as a matter of law. The court did state that Ed Skoda Ford, Inc. was not a subchapter S cor…

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