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Hando v. Woodlake Villa's, Inc.

District Court of Appeal of Florida, Fourth District
Nov 21, 1984
458 So. 2d 1228 (Fla. Dist. Ct. App. 1984)

Opinion

No. 84-403.

November 21, 1984.

Appeal and cross-appeal from Circuit Court, Broward County; Louis Weissing, Judge.

Robert A. Huth, Jr., Fort Lauderdale, for appellant/cross-appellee.

Anthony J. Titone of Titone, Roarke Rebalko, Lauderhill, for appellee/cross-appellant.


Both parties agree that the trial court erred by applying an incorrect measure of damages. We cannot tell from the final judgment entered in this cause whether the trial court found liability in breach of contract or in negligence. There is evidence sufficient to support the finding of liability; however, there is no basis in the record for the amount of damages awarded by the trial court. Accordingly, — we reverse and remand with directions to the trial court to conduct a trial solely upon the issue of damages.

REVERSED AND REMANDED.

DOWNEY, DELL and BARKETT, JJ., concur.


Summaries of

Hando v. Woodlake Villa's, Inc.

District Court of Appeal of Florida, Fourth District
Nov 21, 1984
458 So. 2d 1228 (Fla. Dist. Ct. App. 1984)
Case details for

Hando v. Woodlake Villa's, Inc.

Case Details

Full title:DONALD HANDO, APPELLANT/CROSS-APPELLEE, v. WOODLAKE VILLA'S, INC., A…

Court:District Court of Appeal of Florida, Fourth District

Date published: Nov 21, 1984

Citations

458 So. 2d 1228 (Fla. Dist. Ct. App. 1984)