Besett v. Basnett
| Decision Date | 03 August 1983 |
| Docket Number | No. 82-1871,82-1871 |
| Parties | Merle E. BESETT and C. Joseph Czerwinski, Appellants/Cross-Appellees, v. Robert K. BASNETT and Barbara L. Basnett, Appellees/Cross-Appellants. |
| Court | Florida District Court of Appeals |
Leo Wotitzky of Wotitzky, Wotitzky, Mandell, Batsel & Wilkins, Punta Gorda, and Charles J. Cheves of Cheves & Rapkin, Venice, for appellants/cross-appellees.
Michael R. Karp of Wood, Whitesell, Karp, Wellbaum, Miller & Seitl, P.A., Sarasota, for appellees/cross-appellants.
The trial court entered money judgments against the appellant, C. Joseph Czerwinski, pursuant to jury verdicts finding him guilty of both fraud and negligence in connection with a real estate transaction. Since the damages awarded on the negligence claim amounted to a prohibited double recovery, we reverse that judgment. We find no merit in the parties' other contentions and therefore affirm the trial court in all other respects.
This action arose out of the sale of property from Mr. and Mrs. Besett, to the appellees, Mr. and Mrs. Basnett. The appellant, C. Joseph Czerwinski, was the real estate broker representing the Besetts. When the appellees discovered that the land they purchased was roughly one and one-half acres, and not the approximately five and one-half acres they thought they had purchased, they filed suit against the sellers and the real estate broker.
The amended complaint alleged three causes of action. One count of the complaint was tried without a jury and resulted in a judgment for the appellants. The other two counts, fraud and negligence, were submitted to the jury. The count alleging fraud resulted in a verdict against the appellant, Mr. Besett, in the amount of $152,000 and against the appellant, Mr. Czerwinski, in the amount of $18,000. A directed verdict was entered for Mrs. Besett. The appellees' alternate claim of negligence on the part of the appellant Czerwinski resulted in a verdict against him and an award of damages in the amount of $12,000. The jury also found that the appellees were twenty-five percent negligent, and accordingly, a judgment was entered in the amount of $9,000.
Under the facts of this case, the remedies sought by the appellees were not inconsistent, and accordingly, the claims of fraud and negligence were both properly submitted to the jury. Compare Bill Terry's, Inc. v. Atlantic Motor Sales, 409 So.2d 507 (Fla. 1st DCA 1982).
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Schoeff v. R.J. Reynolds Tobacco Co., SC15–2233
...not be required to pay twice for the same element of damages. See Dobbs v. Griffith, 70 So.2d 317, 318 (Fla. 1954) ; Besett v. Basnett, 437 So.2d 172 (Fla. 2d DCA 1983). Compensatory damages in Engle progeny cases cannot be allocated among the intentional tort and simple negligence claims w......
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...from one element of damages, National Aircraft Serv., Inc. v. Aeroserv Int'l, Inc., 544 So.2d 1063 (Fla. 3d DCA 1989); Besett v. Basnett, 437 So.2d 172 (Fla. 2d DCA 1983), nor may punitive damages be recovered in the absence of proof of conduct independent of the conduct constituting the br......
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MONTAGE GROUP v. Athle-Tech Computer Sys.
...the same element of damages is prohibited. Atl. Coast Line R. Co. v. Saffold, 130 Fla. 598, 178 So. 288, 290 (1938); Besett v. Basnett, 437 So.2d 172, 173 (Fla. 2d DCA 1983). Accordingly, on remand the trial court must reduce or eliminate the postacquisition proceeds award against DES to el......
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Phillips v. Ostrer, 83-2686
...recovery. The trial court then reduced the award of compensatory damages from $1,085,000 to $246,667, 4 relying upon Besett v. Basnett, 437 So.2d 172 (Fla. 2d DCA 1983), as legal authority for its reduction. The court also reduced the verdict against INA from $345,000 to $99,629.27, 5 findi......