Continental Equities, Inc. v. Jacksonville Transp. Authority.
| Decision Date | 14 March 1990 |
| Docket Number | No. 90-431,90-431 |
| Citation | 558 So.2d 154 |
| Parties | 15 Fla. L. Weekly D717 CONTINENTAL EQUITIES, INC., a Florida corporation, Petitioner, v. JACKSONVILLE TRANSPORTATION AUTHORITY, a corporate body politic and an agency of the State of Florida, Respondent. |
| Court | Florida District Court of Appeals |
Tyrie A. Boyer of Boyer, Tanzler & Boyer, Jacksonville, for petitioner.
Cindy A. Laquidara-Kenney and Tracy S. Carlin of Commander, Legler, Werber, Dawes, Sadler & Howell, Jacksonville, for respondent.
Continental Equities, Inc. (Continental) brought an action in circuit court seeking damages for breach of contract. It was alleged that plaintiff had transferred certain real property to the Jacksonville Transportation Authority (JTA). As part of the transaction JTA agreed that in the event a limited access highway was constructed on the property in question, it would construct a service road on both sides of the highway and provide access to the highway from the service road at certain intervals. JTA constructed the limited access highway but not the service and access roads.
By a motion in limine, JTA sought to limit Continental's proof of damages. Defendant's position was that, assuming plaintiff could otherwise prove the elements of its cause of action, the proper measure of damages would be the difference between the value of its adjacent property with the roads provided for in the contract and without them. Continental's theory was that damages could be proven by showing the cost of construction of the service and access roads. By order of February 9, 1990, the Circuit Court for Duval County, Judge Peter Webster presiding, accepted JTA's theory of the proper measure of damages and granted its motion in limine. This timely petition for writ of certiorari followed.
In his order granting relief to JTA, Judge Webster recited:
Both parties have acknowledged that this issue is very important to resolution of the dispute between the parties and that great expense of judicial labor and costs to the parties in both time and money can be saved by a definitive determination. Were this court empowered by the rules of appellate procedure to certify the question as resolved by the foregoing portions of this order, then the court would do so because the court is convinced that large sums of money in attorney's fees and costs of litigation and expenditure of judicial labor at both the trial and the appellate levels can be saved by appellate determination prior...
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