Santos v. Bogh, 73--1300
| Decision Date | 25 June 1974 |
| Docket Number | No. 73--1300,73--1300 |
| Citation | 298 So.2d 460 |
| Parties | Arnold W. SANTOS, Appellant, v. Anna W. BOGH, Appellee. |
| Court | Florida District Court of Appeals |
Shalle Stephen Fine, Miami, for appellant.
Orr, Nathan & Williams, Miami, for appellee.
Before BARKDULL, C.J., and HENDRY and HAVERFIELD, JJ.
Defendant-appellant seeks review of that portion of an adverse final judgment awarding plaintiff-appellee compensatory and punitive damages.
Plaintiff-appellee, Anna Bogh filed a complaint for fraud, rescission, an accounting, dissolution of a corporation and damages against the defendants J & A Dance Studios Ft. Lauderdale, Michael Lombardo, the vice-president thereof, and the appellant, Arnold Santos, an employee of the dance studio. In essence she alleged that over a period of seven months the defendants fraudulently had induced her, a lonely widow, to purchase over $36,000 worth of dancing lessons and in addition to purchase her own dance studio, Anike, Inc., for $22,000 with defendant Lombardo as a partner, who invested nothing therein but drew a salary of about $200 per week. The cause came on for trial, at the conclusion of which the chancellor found that defendants J & A Dance Studios and Arnold Santos had induced plaintiff through fraud to enter into dance lesson contracts and that the totality of Santos' conduct was done with moral turpitude, malice and wilfulness. The chancellor further found that defendant Lombardo by fraudulent misrepresentation induced the plaintiff to pay in excess of $22,000 for the dance studio, Anike, Inc. Thereupon, the court entered judgment directing that (1) defendants J & A Dance Studios of Fort Lauderdale and Arnold Santos pay to plaintiff $36,000 as compensatory damages for the cost of dance lessons which Mrs. Bogh never used and in addition, defendant Arnold Santos pay plaintiff $5,000 as punitive damages, (2) that defendant Michael Lombardo pay plaintiff $22,000 and (3) that Anike, Inc. be dissolved. Defendant Santos appeals that portion of the final judgment awarding damages against him. The other defendants are not parties to this appeal.
We have reviewed the record and conclude there was substantial evidence contained therein to sustain the findings of the chancellor that the appellant had induced the plaintiff through fraud to enter into the dance lesson contracts and the evidence presented supports the award of compensatory damages.
Nevertheless, with...
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Guthartz v. Lewis
...a matter formerly cognizable in equity may not award punitive damages. Hoppe v. Hoppe, 370 So.2d 374 (Fla.4th DCA 1978); Santos v. Bogh, 298 So.2d 460 (Fla.3d DCA 1974); Lee v. Watsco, Inc., 263 So.2d 241 (Fla.3d DCA 1972); R.C. # 17 Corp. v. Korenblit, 207 So.2d 296 (Fla.3d DCA 1968); Orki......
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Bavelis v. Doukas
...in equity may not award punitive damages." Hoppe v. Hoppe, 370 So.2d 374 (Fla. Dist. Ct. App. 1978) (quoting Santos v. Bogh, 298 So.2d 460 (Fla. Dist. Ct. App. 1974)); see McGuire, Woods, Battle & Boothe, L.L.P. v. Hollfelder, 771 So.2d 585, 586 (Fla Dist. Ct. App. 2000); Lee v. WATSCO, Inc......
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Citizens and Southern Nat. Bank v. Haskins
...which hold that where one is proceeding in equity only, punitive measures of damages are not allowable. See e.g., Santos v. Bogh, 298 So.2d 460 (Fla.App.1974); Dekle v. Vann, 284 Ala. 142, 223 So.2d 30 (1969). Plaintiffs point out that in Georgia, a statutory right of action against the neg......
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Lanman Lithotech, Inc. v. Gurwitz
...authorized by statute. See Hoppe v. Hoppe, 370 So.2d 374 (Fla. 4th DCA 1978), rev. denied, 379 So.2d 206 (Fla.1979); Santos v. Bogh, 298 So.2d 460 (Fla.3d DCA 1974); R.C. No. 17 Corp. v. Korenblit, 207 So.2d 296 (Fla. 3d DCA 1968); Orkin Exterm. Co. v. Truly Nolen, Inc., 117 So.2d 419 (Fla.......