Opinion
No. 98-2106.
Opinion filed July 21, 1999. Rehearing Denied September 22, 1999.
Appeal and cross-appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; George Brescher, Judge; L.T. Case No. 93-25418 25.
John R. Hargrove and W. Kent Brown of Heinrich Gordon Hargrove Weihe James, P.A., Fort Lauderdale, for appellant/cross-appellee.
Max R. Price and Phillip N. Nicholas of Solms Price, P.A., Miami, and Charles M. Auslander of Charles M. Auslander, P.A., Coral Gables, for appellee/cross-appellant.
The final judgment in favor of the plaintiff is reversed. Although there was a contract between BellSouth Advertising and Publishing Corporation and AAA Speedy Appliance, Inc. as found by the jury, there were no recoverable damages. The exculpatory clause limited damages to the amount charged for advertising and, in any event, AAA Speedy Appliance, Inc. did not make a payment. Accordingly, we reverse with instructions to direct a verdict in favor of BellSouth Advertising and Publishing Corporation.
POLEN and GROSS, JJ., concur.
STONE, J., dissents with opinion.
In my judgment, BellSouth Advertising's exculpatory provision is inapplicable here.