Country Manors Ass'n, Inc. v. Master Antenna Systems, Inc.
| Decision Date | 16 November 1988 |
| Docket Number | Nos. 4-86-0400,4-86-0445,s. 4-86-0400 |
| Citation | 534 So.2d 1187,13 Fla. L. Weekly 2522 |
| Parties | 13 Fla. L. Weekly 2522 COUNTRY MANORS ASSOCIATION, INC., William B. Beedenbender, Charles L. Wright, James H. Carmichael, Walter Claus, Richard Corriston, Charles Soelch, Edward S. Perschbach, George J. Bonagura, Thomas Yott, Fred Papavero, James D. Cameron, Howard D. Turner, Thomas A. Eitner, Francis L. Davies, Leo J. Cody, Nathan Kupperman, Joseph Vedelli, Alfred Perrin, Louise Hood, Albert Morrison, Richard Birr, Adrian McManus, Joseph Hay, Harry Baker, Raymond Gabel, Henry Pierro, Joseph Schwartz, George LaLonde, Robert French, and International Insurance Company, Appellants/Cross Appellees, v. MASTER ANTENNA SYSTEMS, INC., Appellee/Cross Appellant. INTERNATIONAL INSURANCE COMPANY, Appellant, v. COUNTRY MANORS ASSOCIATION, INC., and Master Antenna Systems, Inc., Appellees. |
| Court | Florida District Court of Appeals |
Karen A. Gagliano of Lavalle, Wochna, Raymond & Rutherford, P.A., Boca Raton, for Country Manors Ass'n, Inc., et al.
Earl G. Gallop and Joshua D. Lerner of Karon, Morrison & Savikas, Miami, for International Ins. Co.
Peter J. Aldrich and Stephen A. Rapp of Gunster, Yoakley, Criser & Stewart, P.A., West Palm Beach, for Master Antenna Systems, Inc.
This is an appeal of consolidated cases. In the first appeal (# 4-86-0400), Country Manors Association, Inc., a condominium association, and various of its directors, appeal from an Amended Final Judgment entered in favor of Master Antenna Systems, Inc., an Order awarding attorney's fees and a Final Judgment determining insurance coverage. Master Antenna Systems, Inc., a cable television provider, also asserts one error by the trial court in a cross appeal. The second appeal (# 4-86-0445) was filed by International Insurance Company, the insurer of the condominium association and its directors, from an Order and Final Judgments determining insurance coverage for the torts committed by Country Manors Association, Inc. and its directors.
In 1982, Country Manors Association, Inc. (Association), commenced a declaratory judgment action against Master Antenna Systems, Inc. (Master Antenna). The principal issue in that action was ownership rights of a master antenna system installed by Master Antenna at Country Manors Condominium. Subsequently, on March 1, 1983, Master Antenna filed its first counterclaim against the Association.
On March 28, 1983, the declaratory judgment action and Master Antenna's counterclaim were bifurcated. The declaratory judgment action was tried first and appealed resulting in this court's decision declaring Master Antenna the owner of the master antenna system at Country Manors Condominium but also finding that the Association had legally cancelled Master Antenna's use of an express easement to service the system. Country Manors Association v. Master Antenna Systems, Inc., 458 So.2d 835 (Fla. 4th DCA 1984).
In February 1984, Master Antenna amended its counterclaim to include as counterdefendants the directors of the Association. Also, International Insurance Company (International) was named as a counterdefendant based upon its issuance of an insurance policy covering the directors of the Association for the period of June 24, 1980 to June 24, 1983, and an insurance policy covering the Association and its directors for the period of June 24, 1983 to June 24, 1986. In May 1984, while the appeal of the declaratory action was still pending, Master Antenna filed its Third Amended Counterclaim against International, the Association and its directors alleging tortious interference with contract between Master Antenna and Perry Cable Company (Count I), tortious interference with contract between Master Antenna and Fairbanks Cable of Florida, Inc./Leadership Cable Company (Count II), conversion (Count III) and civil theft (Count IV). When the action on the counterclaims went to trial, the trial court granted the Association and its directors' Motion for Directed Verdict as to the claim of tortious interference with contract with Fairbanks Cable of Florida, Inc./Leadership Cable Company (Count II). However, the claims of tortious interference with contract with Perry Cable Co. (Count I), conversion (Count III) and civil theft (Count IV), were submitted to the jury resulting in a verdict against the Association and its directors. Ultimately, an Amended Final Judgment dated April 14, 1986, was entered against the Association, its directors and International. An Order awarding Master Antenna attorney's fees in the amount of $109,595.00 had been entered on January 17, 1986. Also, prior to the entry of the Amended Final Judgment, the trial court ruled on the issues of insurance coverage in the Final Judgments dated December 3, 1985, and January 31, 1986. In essence, the case was resolved in the following manner:
Count Tortious Interference with contract between Master Antenna and
II-- Fairbanks Leadership Cable Co. Directed Verdict for Country Manors.
Count Conversion of antenna system. Master Antenna awarded:
The Amended Final Judgment also provided that any recoveries made by Master Antenna against any of the counter-defendants under the claims of tortious interference with contract with Perry Cable Co. (Count I) and conversion (Count III) shall be used as an offset and a pro rata reduction of the Judgment entered under the claim of civil theft (Count IV). The Order awarding attorney's fees, the Final Judgment determining insurance coverage for punitive damages, and the Amended Final Judgment are appealed in case # 4-86-0400.
The Final Judgments determining insurance coverage, appealed in case # 4-86-0445, determined that insurance coverage existed for compensatory damages awarded for tortious interference with contract (Count I), conversion (Count III), and treble damages for civil theft (Count IV), but that no coverage existed for punitive damages awarded under the tortious interference of contract claim (Count I) and conversion (Count III).
International also appeals the Order dated May 2, 1986, holding that the claims-made insurance policy for the period of June 24, 1983 to June 24, 1986, between the Association, its directors and International is the policy covering the liability litigated in this dispute.
In summary, on appeal # 4-86-0400, the Association, its directors and Robert French appeal the Amended Final Judgment entered in favor of Master Antenna, the Order awarding attorney's fees and the Final Judgments determining insurance coverage. Master Antenna cross appeals on the Order awarding attorney's fees. On appeal # 4-86-0445, International appeals from an Order determining that the claims-made insurance policy for the period of June 24, 1983 to June 24, 1986, provides coverage where applicable, and Final Judgments determining insurance coverage.
In the first appeal (# 4-86-0400), the Association and its directors raise three points concerning sufficiency of the evidence. These counterdefendants argue that at trial there was insufficient evidence to support the jury verdicts of tortious interference of contract, conversion and civil theft, as well as insufficient evidence to support an award of punitive damages for tortious interference with contract and conversion. We hold that these counter-defendants have waived appellate review of all three sufficiency of the evidence issues because the trial attorney failed to renew his motion for directed verdict at the close of all the evidence at trial. One must move for a directed verdict at the end of all the evidence or one waives the right to make that motion. Prime Motor Inns, Inc. v. Waltman, 480 So.2d 88, 90 (Fla.1985). An appellate court is powerless to review the sufficiency of the evidence to support the verdict if the appellant made no motion for a directed verdict. Fee, Parker & Lloyd, P.A. v. Sullivan, 379 So.2d 412, 418 (Fla. 4th DCA), cert. denied, 388 So.2d 1119 (Fla.1980). We also conclude that this case does not fit the only exception to the requirement of renewing a motion for directed verdict at the end of all the evidence. The only exception is where the insufficiency of the evidence constitutes plain error apparent on the face of the record which if...
To continue reading
Request your trial
-
Khalid v. Citrix Sys.
...core findings to determine if they are supported by competent, substantial evidence. Country Manors Ass'n, Inc. v. Master Antenna Sys., Inc., 534 So. 2d 1187, 1192-93 (Fla. Dist. Ct. App. 1988). Khalid prevailed on his two contract claims but the jury rejected the remainder of Khalid's clai......
-
Talisman Capital Alt. Invs. Fund, Ltd. v. Mouttet (In re Mouttet)
...prove the statutory elements of theft, as well as criminal intent. See§ 772.11, Fla. Stat. (1997); Country Manors Ass'n v. Master Antenna Sys., Inc., 534 So.2d 1187, 1191 (Fla. 4th DCA 1988). Where the property at issue is also the subject of a contract between the parties, a civil theft cl......
-
Terminix Intern. v. Palmer Ranch Ltd. Partnership
...awarded under the federal odometer fraud statute "are punitive and in the nature of fines"); Country Manors Ass'n, Inc. v. Master Antenna Sys., Inc., 534 So.2d 1187, 1195 (Fla. 4th DCA 1988) (same with respect to treble damages under the civil theft statute); and McArthur Dairy, Inc. v. Ori......
-
Hanover Ins. Co. v. Anova Food, LLC
...a coverage defense where it argues that there was no insurance coverage in the first place. Country Manors Ass'n v. Master Antenna Sys., Inc., 534 So.2d 1187, 1194–95 (Fla.Dist.Ct.App.1988). The Hanover Companies' December 13, 2012 reservation of rights letter does not assert a “coverage de......
-
Punitive damages: when, where and how they are covered.
...damages imposed on corporation based on vicarious liability insurable). Country Manors Association Inc. v. Master Antenna System Inc., 534 So.2d 1187 (Fla.App. 1988) (where corporation's liability was based on actions of directors, punitive damages assessed against corporation not Adams v. ......