Augustine v. Southern Bell Telephone Tel. Co.

2 Citing cases

  1. 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.

  2. Shands Teaching Hosp. v. Beech St.

    899 So. 2d 1222 (Fla. Dist. Ct. App. 2005)   Cited 44 times
    Reversing dismissal of provider's unjust enrichment claim against health plan administrator when no express contract existed between them.

    The measure or amount of damages is not at issue at this point in the proceedings. See Hutchison v. Tompkins, 259 So.2d 129, 132 (Fla. 1972) ("It is well established in Florida that where the allegations of a complaint show the invasion of a legal right, the plaintiff on the basis thereof may recover at least nominal damages, and a motion to dismiss should be overruled.") (citing Augustine v. S. Bell Tel. Tel. Co., 91 So.2d 320, 323 (Fla. 1956)); Williams v. Bay Hosp., Inc., 471 So.2d 626, 630 (Fla. 1st DCA 1985) (holding that the remedy to avoid claims for impermissible elements of damage is a motion to strike the damage claim, or an objection at trial to the damage claim, but not dismissal of the complaint); Williams v. Legree, 206 So.2d 13, 15 (Fla. 2d DCA 1968) ("[A] complaint which sufficiently states a cause of action is not rendered vulnerable to a motion to dismiss by its allegation of an improper element of damages."). Section 215.422, Florida Statutes, which governs the processing of state warrants, vouchers and invoices, has no bearing at this juncture, if at all.