4 Corners Ins., Inc. v. Sun Publications
| Decision Date | 20 March 2009 |
| Docket Number | No. 2D08-1971.,2D08-1971. |
| Citation | 5 So.3d 780 |
| Parties | 4 CORNERS INSURANCE, INC., Appellant, v. SUN PUBLICATIONS OF FLORIDA, INC., d/b/a Clermont News Leader, and Michael Palanti, Appellees. |
| Court | Florida District Court of Appeals |
4 Corners Insurance, Inc. ("4 Corners"), seeks review of the final summary judgment, in which the court determined that 4 Corners was not entitled to any recovery in its action for breach of contract and wrongful eviction against Sun Publications of Florida, Inc. ("Sun Publications"). 4 Corners argues that the trial court erred as a matter of law in determining that it could not prove damages incurred from the breach of contract and wrongful eviction. We reverse because 4 Corners has presented evidence that establishes a genuine issue of material fact regarding whether it incurred damages in this case.
In its second amended complaint, 4 Corners alleged that Sun Publications changed the locks on the leased premises without notice despite 4 Corners' timely attempt to exercise its right to renew its commercial lease. 4 Corners alleged that this action by Sun Publications constituted a breach of contract and wrongful eviction. 4 Corners acknowledged that it was eventually able to collect its possessions from within but claimed it was forced to relocate to another location. The wrongful eviction claim set forth the following allegations regarding damages:
29. That Plaintiff, 4 CORNERS has been damaged by the intentional acts of Defendants, [Sun Publications], which include employing self-help eviction without complying with the clear statutory requirements provided in Florida Statute Chapter 83.
30. That as a result of the Defendant's wrongful actions, the Plaintiff was forced to hire the law firm of Blake, Torres & Mildner and pay them reasonable attorney's fee[s].
31. Plaintiff reserves the right to add a claim for punitive damages in this count upon completion of discovery and leave of court for punitive damages.
The breach of contract claim set forth the following allegations regarding damages:
37. That the Plaintiffs' damages are as a result of the Defendants['] breach[.]
38. That as a result, Plaintiff, 4 CORNERS has been damaged by loss of business and clientele and incurring attorneys' fees and costs as a result of Defendants, [Sun Publications'], breach of the Agreement between the parties.
39. That the Plaintiff paid rent and/or was current in rent when the Defendants changed the locks.
Sun Publications filed a motion for summary judgment, arguing that 4 Corners was unable to establish damages arising from the wrongful eviction and breach of contract claims. Sun Publications also alleged that 4 Corners failed to mitigate its damages by acquiring a new location in the same area. Sun Publications filed two affidavits in support of the motion.
The affidavit of Charles Foss, CPA, attested that 4 Corners had failed to produce any documents that evidenced any loss of income and that the documents produced reflected an increase in revenue. Foss attested that 4 Corners' gross income increased $141,499 between 2004 and 2005 and $328,121 between 2005 and 2006. Foss claimed that 4 Corners had a net book income of $4032 in 2004, $5957 in 2005, and $146,914 in 2006. Foss also claimed that the net book income plus officer compensation was $44,032 in 2004, $122,462 in 2005, and $166,914 in 2006.
The affidavit of Larry Szrom attested that 4 Corners had failed to prove that it had lost income due to the loss of the rental space at issue because the space was not unique and numerous other potential rental sites existed in the proximate geographic area. Sun Publications also filed income tax returns of 4 Corners, which supported Foss's claim that 4 Corners' gross income increased in 2005 and 2006.
4 Corners filed a motion in opposition to the motion for summary judgment that asserted that Sun Publications had miscalculated its gross revenues because it did not consider the cost of premiums. 4 Corners also asserted that the Szrom affidavit did not conclusively rebut its assertion that comparable rentals were not available. 4 Corners attached the affidavit of its owner, Michael Palanti, in which Palanti attested that 4 Corners had been unable to find a comparable location to rent within the immediate area for the same rental amount and that 4 Corners was damaged financially by the wrongful eviction. Palanti also attested that, according to industry standards, a small business such as 4 Corners should not have merely grown its gross revenues but should have doubled its gross revenues in the first three to five years. Palanti attested that 4 Corners' revenues did not continue to double after the breach of contract and wrongful eviction. At the hearing on the motion, 4 Corners also argued that it suffered relocation expenses as a result of the breach of contract and wrongful eviction.
The trial court granted the summary judgment motion based on its findings that 4 Corners had not alleged a reasonable basis for damages and that, without a reasonable basis, the jury would not be permitted to speculate as to damages. The court did not expressly rule on the mitigation issue or whether 4 Corners is entitled to...
To continue reading
Request your trial
-
Monex Financial Servs. v. Nova Information Systems
...such damages are available "as long as they are established with reasonable certainty," 4 Corners Ins., Inc. v. Sun Publ'ns of Fla., Inc., 5 So.3d 780, 783 (Fla.Dist.Ct.App.2009). Nova seeks to dismiss both claims because they seek damages for a limitless period of time. However, the only r......
-
Water v. HDR Eng'g, Inc.
...where the evidence is so meager or uncertain as to provide no reasonable basis for inference. See 4 Corners Ins., Inc. v. Sun Publications of Florida, Inc., 5 So.3d 780, 783 (Fla. 2d DCA 2009) ("Speculative profits are those the evidence of which is so meager or uncertain as to afford no re......
-
Pirate's Treasure, Inc. v. City of Dunedin
...judgment evidence need not, however, be sufficient to sustain a verdict in its favor at a trial. 4 Corners Ins., Inc. v. Sun Publ'ns of Fla., Inc., 5 So. 3d 780, 784 (Fla. 2d DCA 2009). Here, the legal question that defines whether there is a genuine issue of material fact is whether Pirate......
-
Chapman v. Town of Redington Beach
...have been diminished (not have increased as much) by virtue of an obstructed view. Cf. 4 Corners Ins., Inc. v. Sun Publ'ns of Fla., Inc., 5 So. 3d 780, 783-84 (Fla. 2d DCA 2009) (finding fact dispute as to lost profits where evidence showed that revenues should have increased more than they......
-
Landlord-tenant relations
...Lost profits also can be recovered if a sufficient degree of certainty is established. [ 4 Corners Ins., Inc. v. Sun Publications , 5 So. 3d 780, 783 (Fla. 2d DCA 2009).] A wrongful eviction action will not lie, however, where the tenant was lawfully evicted through the statutory procedure.......