Miami Beach Lerner Shops, Inc. v. Walco Mfg. of Fla., Inc.
| Decision Date | 13 November 1958 |
| Docket Number | No. 58-16,58-16 |
| Parties | MIAMI BEACH LERNER SHOPS, Inc., a Delaware corporation, Appellant, v. WALCO MANUFACTURING OF FLORIDA, Inc., a Florida corporation, Appellee. |
| Court | Florida District Court of Appeals |
Gay & Hyman, Miami, for appellant.
Nat Williams, Miami, for appellee.
Suit was instituted in the court below by the appellee to enjoin the appellant from distributing and selling a certain style and design of beach coat which had been produced by the appellee. In addition, the appellee sought an accounting as to the profit realized by the appellant as a result of the sale and distribution, as well as damages, both actual and punitive.
The appellant answered the complaint and, in effect, generally denied the material allegations of the complaint. Upon the issue made by these pleadings, the matter was referred to a special master in chancery to take the testimony and proofs of the parties and report his findings of fact, conclusions of law and recommendations. The special master heard the testimony and received the proofs of the respective parties. He rendered a report finding that appellant had received samples prepared and designed by the appellee and had subsequently had another manufacturer make up 300 coats from the appellee's design; that the appellee's design had been copied by the appellant and the appellee had sustained actual damages in the sum of $2,014,50, of which $14.50 was the price of the samples or designs furnished by the appellee to the appellant, and the balance represented loss of profits. Upon these findings, the special master recommended that an injunction be denied as the question had become moot by reason of the appellant's withdrawal of the designs from its shops and the numerous publications of the designs in question by the appellee; that damages be awarded the appellee in the sum of $4,014.50, representing $2,014.50 actual damages and $2,000 punitive damages. Exceptions to the master's report were filed by the appellant which in effect attacked the conclusions of the master that the appellee was entitled to $2,000 as actual damages for loss of profit and $2,000 punitive damages. The chancellor below overruled the appellant's exceptions to the master's report and entered a decree in the sum of $4,014.50. Appeal has been taken from that portion only of the decree which awarded damages in the sum of $4,014.50.
The appellant has raised two points on this appeal: (1) whether or not the sum of $2,014.50 awarded as actual damages is excessive, and (2) whether or not the sum of $2,000 awarded as punitive damages is excessive. In order to properly consider these questions, we are required to review the evidence relating to the award of damages, both actual and punitive.
The appellee claimed that it had prepared and forwarded samples of new designs for beach coats to the appellant as had been the custom between the parties in previous years, and that instead of placing an order with the appellee, the appellant stole the design and placed an order with another company for 300 beach coats. The testimony shows that the appellee would have realized a profit of $252 on these 300 beach coats, and, in addition, had not been paid the sum of $14.50 for the samples nor had they been returned. The testimony reveals that for approximately four years...
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