Porter v. Wilson, Walch, Fortner, Robinson & Besse, M.D.'s, P.A., 79-1484
| Decision Date | 14 May 1980 |
| Docket Number | No. 79-1484,79-1484 |
| Citation | 384 So.2d 190 |
| Parties | Alan H. PORTER, M.D., Alan H. Porter, M.D., P.A., and Sarasota Radiation and Medical Oncology Center-Porter, P.A., Appellants, v. WILSON, WALCH, FORTNER, ROBINSON & BESSE, M.D.'S, P.A., Appellee. |
| Court | Florida District Court of Appeals |
Johnson S. Savary and Steven G. Schember of Kirk, Pinkerton, McClelland, Savary & Carr, Sarasota, for appellants.
Richard E. Nelson and Robert C. Widman of Nelson, Hesse, Cyril, Weber, Smith & Widman, Sarasota, for appellee.
This is an appeal from a nonfinal order in which the trial court found appellee entitled to recover both compensatory and punitive damages from appellants for breach of contract and tortious interference with contract. We hold the evidence was not sufficient to allow the jury to conclude that appellee was entitled to recover punitive damages. Thus, we reverse the award of punitive damages; otherwise, we affirm.
Wilson-P.A., a group of Sarasota physicians specializing in radiotherapy, contracted to furnish Porter-P.A. office space and sell it medical and office equipment for the practice of radiotherapy. In return, Porter-P.A. agreed to pay Wilson-P.A. a percentage of its monthly billings from its radiotherapy practice over a two-year period. Dr. Porter was the only radiotherapist employed by Porter-P.A. and signed the contract in his capacity as president. During the contract period Porter established Oncology-P.A. which acquired a linear accelerator and began furnishing radiotherapy services from a second location in Sarasota County.
Wilson sued Porter, Porter-P.A. and Oncology-P.A. for breach of contract and Porter and Oncology-P.A. for tortious interference with contract seeking both compensatory and punitive damages. Wilson contended that Oncology-P.A.'s activities had reduced the billings of Porter-P.A. thereby decreasing the purchase price contemplated by the parties. The trial court ordered separate trials on the issues of liability and damages. At the close of the evidence in the liability trial, Porter, Porter-P.A. and Oncology-P.A. moved to dismiss Wilson-P.A.'s claim for punitive damages. The trial court denied the motion and the jury returned a verdict that Wilson-P.A. was entitled to recover compensatory damages for breach of contract against Porter-P.A., and compensatory and punitive damages against Porter and Oncology-P.A. This appeal ensued.
While the evidence was conflicting, it was sufficient to support the jury's determination that Porter-P.A. had breached its contract with Wilson-P.A., and that Porter and Oncology-P.A. had interfered with performance of that contract. We have considered each of the points raised by appellants and, except...
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...actionable tort.' Lake Placid Holding Co. v. Paparone, 508 So.2d 372, 376 (Fla. 2d DCA 1987), citing Porter v. Wilson, Walch, Fortner, Robinson & Besse, 384 So.2d 190 (Fla. 2d DCA 1980) (emphasis added). . . . . . This Court must disagree with the Defendant that the requisite separate and i......
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Lake Placid Holding Co. v. Paparone
...producing the breach is itself endowed with the characteristics of an independent, actionable tort. Porter v. Wilson, Walch, Fortner, Robinson & Besse, 384 So.2d 190 (Fla. 2d DCA 1980). Indeed, even "a 'flagrant breach of contract' will not support punitive damages." G.M. Brod & Co. Inc. v.......
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Hospital Corp. of Lake Worth v. Romaguera
...it is not relevant to that which we now hold. In its initial brief, the appellant argued, by way of Porter v. Wilson, Walch, Fortner, Robinson and Besse, 384 So.2d 190 (Fla. 2d DCA 1980), that the trial court improperly allowed the jury to consider the issue of punitive damages. We were, of......
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Serina v. Albertson's, Inc.
...actionable tort." Lake Placid Holding Co. v. Paparone, 508 So.2d 372, 376 (Fla. 2d DCA 1987), citing Porter v. Wilson, Walch, Fortner, Robinson & Besse, 384 So.2d 190 (Fla. 2d DCA 1980), (emphasis The Defendant has cited to many cases, among them Lewis and Lake Placid Holding Co., in suppor......