MSM Golf, L.L.C. v. Newgent

21 Citing cases

  1. Walter Int'l Productions Inc. v. Salinas

    650 F.3d 1402 (11th Cir. 2011)   Cited 66 times
    Upholding the district court's declaration of a party's contractual right to inspect accounting books

    Florida law does require an award of at least nominal damages if a breach of contract has been established. See MSM Golf, L.L.C. v. Newgent, 853 So.2d 1086, 1087 (Fla. 5th DCA 2003). In MSM Golf the court held that “[a]t the very least, [the plaintiff] was entitled to nominal damages once the jury found that the contracts had been breached by [the defendant].”

  2. Cardinal Point, LLC v. Edgewood Partners Ins. Ctr.

    22-23170-CIV-ALTONAGA/Damian (S.D. Fla. Dec. 11, 2023)

    “Florida law does require an award of at least nominal damages if a breach of contract has been established.” WalterInt'lProds., Inc., 650 F.3d at 1418 (citing MSMGof L.L.C. v. Newgent, 853 So.2d 1086, 1087 (Fla. 5th DCA 2003)). In MSM Golf, L.L.C., for instance, the court explained that “[i]t is a fundamental principle of contract law that once liability for a contract breach is established, an injured party is entitled as a matter of right to compensatory damages.” 853 So.2d at 1087 (alteration added; citing St. Regis Paper Co. v. Watson, 428 So.2d 243 (Fla. 1983); Fisher v. Miami, 172 So.2d 455 (Fla. 1965)).

  3. Integrar, LLC v. Base Int'l S.A.

    1:23-CV-24233-LEIBOWITZ/AUGUSTIN-BIRCH (S.D. Fla. Jul. 2, 2024)

    Notably, this clause does not preclude the recovery of compensatory damages, which Plaintiff may be entitled to as a matter of right under Florida law.See MSM Golf, L.L.C. v. Newgent, 853 So.2d 1086, 1087 (Fla. 5th DCA 2003) (“It is a fundamental principle of contract law that once liability for a contract breach is established, an injured party is entitled as a matter of right to compensatory damages.”)

  4. Cardinal Point, LLC v. Edgewood Partners Ins. Ctr.

    No. 22-23170-CIV-ALTONAGA (S.D. Fla. Apr. 16, 2024)

    ” Walter Int'l Prods., Inc. v. Salinas, 650 F.3d 1402, 1418 (11th Cir. 2011) (citing MSM Golf, L.L.C. v. Newgent, 853 So.2d 1086, 1087 (Fla. 5th DCA 2003) (explaining that “[i]t is a fundamental principle of contract law that once liability for a contract breach is established, an injured party is entitled as a matter of right to compensatory damages” (alteration added; citations omitted))). The Court thus awards the Cardinal Members $1.00 each in nominal damages.

  5. Royal Caribbean Cruises Ltd. v. Capital Jazz Inc.

    1:22-cv-20187-GAYLES/TORRES (S.D. Fla. Mar. 6, 2024)

    Nominal damages may be awarded for breach of contract under Florida law. MSM Golf, L.L.C. v. Newgent, 853 So.2d 1086, 1087 (Fla. 5th DCA 2003); Walter Int'l Prods., Inc. v. Salinas, 650 F.3d 1402, 1418 (11th Cir. 2011) (“Florida law does require an award of at least nominal damages if a breach of contract has been established.”). However, Florida law does not apply here.

  6. Cedarwood Capital LLC v. United States Capital Fund LLC

    20-CV-62504-ALTMAN/STRAUSS (S.D. Fla. Dec. 1, 2023)

    See Walter Int'lProds., Inc. v. Salinas, 650 F.3d 1402, 1418 (11th Cir. 2011) (“Florida law does require an award of at least nominal damages if a breach of contract has been established.” (citingMSMGolf, L.L.C. v. Newgent, 853 So.2d 1086, 1087 (Fla. 5th DCA 2003))); Inspired Cap., LLC v. Howell, No. 3D22-1220, 2023 WL 4919501, at *3-4 (Fla. 3d DCA Aug. 2, 2023); Am. Sales & Mgmt. Org. LLC v. Lopez, No. 3D20-563, 2023 WL 2589788, at *6 n.5 (Fla. 3d DCA Mar. 22, 2023); Land & Sea Petroleum Holdings, Inc. v. Leavitt, 321 So.3d 810, 817 (Fla. 4th DCA 2021) (“A nominal damages award is appropriate when there is a breach of contract ....” (citations omitted));

  7. Verbal v. TIVA Healthcare, Inc.

    628 F. Supp. 3d 1222 (S.D. Fla. 2022)   Cited 5 times
    Noting that frustration of purpose and impracticability are well-recognized excuses for non-performance of a contract under Florida law

    Under Florida law, "once liability is established, an injured person is entitled as a matter of right to compensatory damages." St. Regis Paper Co. v. Watson, 428 So. 2d 243, 247 (Fla. 1983) (emphasis added) (citing Fisherv. City of Miami, 172 So. 2d 455 (Fla. 1965)); see also MSM Golf, L.L.C. v. Newgent, 853 So. 2d 1086, 1087 (Fla. 5th DCA 2003) ("It is a fundamental principle of contract law that once liability for a contract breach is established, an injured party is entitled as a matter of right to compensatory damages." (cleaned up)). This makes sense: "Compensatory damages, as the words indicate, are awarded to compensate an injured person for the acts of the wrongdoer[.]"

  8. In re Am. Suzuki Motor Corp.

    494 B.R. 466 (Bankr. C.D. Cal. 2013)   Cited 4 times
    Highlighting how " significant body of federal case law exists supporting the view that state laws are preempted when they seek to impair a bankruptcy trustee or debtor from assuming or rejecting executory contracts" and finding state law is preempted when it would "skew the costs" of an assumption/rejection decision and thereby "impair debtors' opportunities to avail themselves of the overarching principles of federal bankruptcy law"

    In Florida, “[i]t is a fundamental principle of contract law that once liability for a contract breach is established, an injured party is entitled as a matter of right to compensatory damages.” MSM Golf, L.L.C. v. Newgent, 853 So.2d 1086, 1087 (Fla.Ct.App. 5th Dist.2003) (holding that a jury verdict that finds that one party breached two contracts but fails to award any damages is inconsistent and cannot stand).South Motors Opposition, Dk. No. 1533, p. 6, lines 3–10.

  9. In re American Suzuki Motor Corp.

    494 B.R. 466 (B.A.P. 9th Cir. 2013)

    In Florida, " [i]t is a fundamental principle of contract law that once liability for a contract breach is established, an injured party is entitled as a matter of right to compensatory damages." MSM Golf, L.L.C. v. Newgent, 853 So.2d 1086, 1087 (Fla.Ct.App. 5th Dist.2003) (holding that a jury verdict that finds that one party breached two contracts but fails to award any damages is inconsistent and cannot stand). South Motors Opposition, Dk. No. 1533, p. 6, lines 3-10.

  10. In re American Suzuki Motor Corp.

    8:12-bk-22808-SC (B.A.P. 9th Cir. Jun. 3, 2013)

    In Florida, "[i]t is a fundamental principle of contract law that once liability for a contract breach is established, an injured party is entitled as a matter of right to compensatory damages." MSM Golf, L.L.C. v. Newgent, 853 So.2d 1086, 1087 (Fla. Ct. App. 5th Dist. 2003) (holding that a jury verdict that finds that one party breached two contracts but fails to award any damages is inconsistent and cannot stand). South Motors Opposition, Dk. No. 1533, p. 6, lines 3-10.