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Augustine v. Southern Bell Telephone Tel. Co.

91 So. 2d 320 (Fla. 1956)
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Augustine v. Southern Bell Telephone Tel. Co.

1 Citing case

  1. 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).