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.

One of the basic purposes of a motion to dismiss is to test the over-all sufficiency of the complaint to state a claim upon which relief can be granted. Since the complaint states a claim upon which at least nominal damages may be awarded, then it follows that the motion to dismiss the amended counter-claim should not have been granted, even though some of the damages alleged may have been non-recoverable. Augustine v. Southern Bell Telephone & Tel. Co., Fla. 1956, 91 So. 2d 320.Abstract Co. of Sarasota v. Roberts, 144 So. 2d 3, 5 (Fla. 2d DCA 1962); see also Augustine v. S. Bell Tel. & Tel. Co., 91 So. 2d 320, 323 (Fla. 1956) ("[I]f the complaint states a claim upon which at least nominal damages may be awarded, then a motion to dismiss such a complaint should not be sustained.").

Under Florida law, special damages "are considered to be the natural but not the necessary result of an alleged wrong or breach of contract." Augustine v. S. Belt Tel. & Tel. Co., 91 So. 2d 320, 323 (Fla. 1956). Special damages are those that "do not follow by implication of law merely upon proof of the breach.

The motion for a more definite statement has, for all practical purposes, taken the place of the former motion for compulsory amendment. Augustine v. Southern Bell Tel. Tel. Co., 91 So.2d 320 (Fla. 1957). This Court finds that it must read the "more definite statement" in conjunction with the complaint in resolving the pending summary judgment motion.

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).

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.

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.

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.

In other words, they are such damages as do not follow by implication of law merely upon proof of the breach. On the other hand, general damages are those which the law presumes actually and necessarily result from the alleged breach or wrong. Augustine v. S. Bell Tel. Tel. Co., 91 So.2d 320, 323 (Fla. 1956). . . .