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.

Finally, we disagree that a finding that the liquidated damage provision constituted a penalty would have required that the complaint be dismissed for failure to state a cause of action. 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. Williams v. Atlantic Coast Line R. Co., 56 Fla. 735, 48 So. 209, 24 L.R.A., N.S., 134 (1909) and Augustine v. Southern Bell Telephone Telegraph Co., 91 So.2d 320 (Fla. 1956). In our opinion this principle is applicable to the instant case since the complaint alleged a contract creating a legal right in the petitioners to receive the contract price in exchange for the land, and an invasion of that right when the respondent failed to perform.

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.

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).

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.

The burden was upon appellant to allege and prove the loss of profits and that such loss resulted from the alleged breach of contract by appellee and that such loss of profits must be established with a reasonable degree of certainty and cannot be left to speculation. Augustine v. Southern Bell Telephone Telegraph Company, Fla., 91 So.2d 320; 17 Tex.Jur.2d, Damages, Sec. 229, p. 290; Whiteside v. Trentman, 141 Tex. 46, 170 S.W.2d 195; Mitchell v. Southwestern Bell Telephone Company (St. Louis Ct. of App., Mo.), 298 S.W.2d 520. There was no proof of loss of any particular piece of business.

If the complaint states a claim upon which at least nominal damages may be awarded, a motion to dismiss should not be granted. Augustine v. Southern Bell Tel. Tel. Co., Fla. 1956, 91 So.2d 320. The rule is also well settled that if there is a yardstick or measure of damages by which prospective profits may be determined which arise out of a contract in which profit is an inducement to its making, they may be allowed if proved whether they arise from farming, mechanical or other contracts.

As part of its second point on appeal, Southern Bell argues that the trial court erred in denying its motion for directed verdict and new trial because the corporation failed to deduct the compensation it paid to Dr. Kaminester in computing net profits rendering its proof of lost profits inadequate. In proving damages caused by lost net profits, see Augustine v. Southern Bell Telephone Telegraph Co., 91 So.2d 320 (Fla. 1956); E.T. Legg Associates, Ltd. v. Shamrock Auto Rentals, Inc., 386 So.2d 1273 (Fla.3d DCA 1980), pet. for rev. denied, 392 So.2d 1379 (Fla. 1981); Petrulli v. Approved Dry Wall Construction, Inc., 284 So.2d 27 (Fla.3d DCA 1973), cert. denied, 292 So.2d 18 (Fla. 1974), a corporation, in arriving at the net loss, must deduct the expense of salaries paid to its officers, see e.g., Innkeepers International Inc. v. McCoy Motels, Ltd., 324 So.2d 676 (Fla. 4th DCA 1975), cert. denied, 336 So.2d 106 (Fla. 1976). We do not find, as appellee argues, that there was sufficient evidence to support a jury's necessarily finding either that Dr. Kaminester's compensation would not have increased due to additional patients, or that Dr. Kaminester's compensation was not an expense item attributable to treatment of the additional patients.

A plaintiff must specifically plead special damages. Fla.R.Civ.P. 1.120(g); Augustine v. Southern Bell Telephone Telegraph Co., 91 So.2d 320 (Fla. 1956); Restatement (Second) of Torts, Section 633 (1977). Looking at the complaint we find that Continental alleged that it lost sales, sustained damage to its credit reputation, and incurred attorney's fees.

Special damages should be pleaded with particularity sufficient to apprise the opposing party of the nature of the special damages claimed. See Augustine v. Southern Bell Telephone Telegraph Co., 91 So.2d 320 (Fla. 1956); see generally, Fla. Power Corp. v. Zenith Ind. Co., 377 So.2d 203 (Fla. 2d DCA 1979), cert. denied 388 So.2d 1120 (Fla. 1980). Although Southern Landmark attempted in its pretrial compliance statement to increase the claim to encompass the subcontractors' losses, this document was filed less than three weeks before trial commenced and does not serve as an amendment of the pleadings.