Augustine v. Southern Bell Telephone Tel. Co.

7 Citing cases

  1. Wajay Bakery v. Carolina Freight

    177 So. 2d 544 (Fla. Dist. Ct. App. 1965)   Cited 14 times

    The contention that the claim for loss of use should not have been stricken has merit. Grounds for the ruling were not stated in the order. If the only reason for striking this claim for special damages was because sufficient facts to support the claim were not alleged, defendants' proper remedy was a motion for more definite statement pursuant to Rule 1.11(e), F.R.C.P. Augustine v. Southern Bell Tel. Tel. Co., Fla. 1956, 91 So.2d 320. If, however, the trial court's basis for striking the claim for damages was the rule contended for by defendants that damages for loss of use are not recoverable where total destruction of the article or machine is claimed, then in our opinion the trial judge erred. The authorities are divided on this proposition, and we find no controlling Florida case.

  2. Ellis v. Crockett

    51 Haw. 45 (Haw. 1969)   Cited 58 times
    Holding that collateral estoppel is properly raised under HRCP Rule 12(b) where it “appears from the face of the complaint or from the taking of judicial notice or prior interrelated proceedings which are alluded to in the complaint”

    General damages are said to encompass all the damages which naturally and necessarily result from a legal wrong done. Augustine v. Southern Bell Telephone Telegraph Co., 91 So.2d 320, 323 (Fla. 1956). Such damages follow by implication of law upon proof of a wrong.

  3. Bazal v. Belford Trucking Co., Inc.

    442 F. Supp. 1089 (S.D. Fla. 1977)   Cited 50 times
    In Bazal, the United States District Court for the Southern District of Florida recognized the following: "Under Florida law, special or consequential damages that is, damages which do not necessarily result from the injury complained of or which the law does not imply as the result of that injury must be particularly specified in the plaintiffs pleading.

    This requirement has been construed by the Florida courts to mean that a claim for special damages is sufficiently pleaded to withstand a motion to strike if it "notif[ies] the defendant of the nature of the special damages claimed." Augustine v. Southern Bell Telephone Telegraph Co., 91 So.2d 320, 323 (Fla. 1956). See also, Arcade Steam Laundry v. Bass, 159 So.2d 915 (2d D.C.A. 1964).

  4. Florida East Coast Railway Co. v. Beaver Street Fisheries, Inc.

    537 So. 2d 1065 (Fla. Dist. Ct. App. 1989)   Cited 14 times
    Reasoning that carrier is liable for damage to goods occurring during its portion of transportation

    Marquette Cement v. Louisville Nashville R.R. Co., 281 F. Supp. at 947. See also Augustine v. Southern Bell Telephone Telegraph Company, 91 So.2d 320, 323 (Fla. 1956). In other words, "general damages are awarded only if injury were foreseeable to a reasonable man and . . . special damages are awarded only if actual notice were given to the carrier of the possibility of injury. Damage is foreseeable by the carrier if it is the proximate and usual consequence of the carrier's action."

  5. Kaklamanos v. Allstate Ins. Co.

    796 So. 2d 555 (Fla. Dist. Ct. App. 2001)   Cited 12 times
    Ruling that damages sustaining an action for breach of contract must not be based upon speculation

    Aetna Life Ins. Co. v. Smith, 345 So.2d 784 (Fla. 4th DCA 1977); Cruz v. Union Gen. Ins., 586 So.2d 91 (Fla. 3d DCA 1991); Monsanto Co. v. Fuqua, 280 So.2d 496 (Fla. 1st DCA 1973); Walden. Since the Plaintiff did not incur any medical expenses which the Defendant did not reimburse, and any damages the Plaintiff might have sustained as a result of the alleged anticipatory breach are too speculative to sustain an action for breach of contract, this Court declines the opportunity to affirm the dismissal but remand with instructions to allow the Plaintiff to amend her complaint. Augusting v. Southern Bell Tel. Tel. Co., 91 So.2d 320 (Fla. 1956) distinguishing Byers v. Southern Bell Tel. Tel. Co., 73 So.2d 875 (Fla. 1954) (dismissal appropriate where on the face of the complaint damages are too speculative to be recoverable). The Court understands the Appellant's frustration at the inability to obtain relief for the insurer's alleged anticipatory breach.

  6. Thompson v. Kindred Nursing Centers East, LLC

    211 F. Supp. 2d 1345 (M.D. Fla. 2002)   Cited 256 times
    Denying motion to dismiss where the plaintiff averred in the complaint that "[a]ll conditions precedent to the filing of this action have been satisfied or have occurred" (alteration in original; citation and quotation marks omitted)

    This requirement has been construed by the Florida courts to mean that a claim for special damages is sufficiently pleaded to withstand a motion to strike if it notifies the defendant of the nature of the special damages claimed." Bazal v. Belford Trucking Co., Inc., 442 F. Supp. at 1100 (citing in part Augustine v. Southern Bell Telephone Telegraph Co., 91 So.2d 320, 323 (Fla. 1956)). The Bazal plaintiff alleged that he sought recovery for "emotional distress suffered." Id.

  7. JP Morgan Chase Bank Nat'l Ass'n v. Colletti Invs., LLC

    199 So. 3d 395 (Fla. Dist. Ct. App. 2016)   Cited 2 times
    Holding that defendant's admitted knowledge from discovery and pleadings that plaintiff sought special damages in some but not all counts, cannot overcome plaintiff's failure to adequately plead special damages in only count of complaint on which plaintiff prevailed

    General damages, on the other hand, are damages that the law presumes actually and necessarily result from the alleged wrong or breach. See Augustine v. S. Bell Tel. & Tel. Co., 91 So.2d 320, 323 (Fla.1956).The purpose of the special damages rule is to prevent surprise at trial.