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Augustine v. Southern Bell Telephone Tel. Co.
91 So. 2d 320 (Fla. 1956)2 Citing cases
Kaklamanos v. Allstate Ins. Co.
796 So. 2d 555 (Fla. Dist. Ct. App. 2001) Cited 12 timesRuling 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.
Rader v. Allstate Ins. Co.
789 So. 2d 1045 (Fla. Dist. Ct. App. 2001) Cited 4 timesIn Rader, we found that the assignment of an appeal from a county court case to a single circuit court judge did not constitute a violation of procedural due process.
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.