National Equipment Rental, Ltd. v. Little Italy Restaurant & Delicatessen, Inc.
Cases that cite this one
11 later published cases cite this decision.
- Morgan Stanley & Co. v. Coleman Holdings (Fla. Dist. Ct. App. 2007)
- SE Property Holdings, LLC v. Neverve LLC (11th Cir. 2023)
- In re Standard Jury Instructions in Civil Case—Report No. 12-01 (Fla. 2013)
- Mobile Shelter Systems USA, Inc. v. Grate Pallet Solutions, LLC (United States District Court for the Middle District of Florida 2012)
- In re Standard Jury Instructions in Civil Cases—Report No. 09-01 (Fla. 2010)
- Simon v. Celebration Co. (Fla. Dist. Ct. App. 2004)
- Standard Jury Instructions-Civil Cases (No. 02-1) (Fla. 2002)
- Standard Jury Inst.-Civil Cases (No. 99-2) (Fla. 2000)
- Standard Jury Instructions-Civil Cases (Fla. 1993)
- Steinbauer Associates, Inc. v. Smith (Fla. Dist. Ct. App. 1992)
- National Standard Life Insurance Co. v. Garner (Fla. Dist. Ct. App. 1988)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
NATIONAL EQUIPMENT RENTAL, LTD., Appellant,
v.
LITTLE ITALY RESTAURANT & DELICATESSEN, INC., Domenico Armanno and Vincenza Armanno, Appellees.
District Court of Appeal of Florida, Fourth District.
*339 J. Wesley Howze, Jr., of Nohrr & Nohrr, Melbourne, for appellant.
Robert T. Burger, Satellite Beach, for appellees.
LETTS, Judge.
This appeal centers around an attempt by a creditor to establish his foreign judgment in Florida. The attempt was successfully opposed on jurisdictional grounds and a jury verdict rendered in favor of the judgment debtors on their counterclaim sounding in fraud. We reverse the $1,500 award arising out of said counterclaim.
In presenting their claim of fraud, the judgment debtors produced no facts or evidence to show that they had sustained any damages in type or amount. There was no showing that they lost any monies nor that the alleged misrepresentation had any adverse effect upon them whatever. Actual damages and the measure thereof are essential as a matter of law in establishing a claim of fraud. Tampa Union Terminal Co. v. Richards, 108 Fla. 516, 146 So. 591 (1933); Automated Management Systems of Florida, Inc. v. Thomson & McKinnon, Inc., 261 So.2d 531 (Fla. 3rd DCA 1972); Berwick Corp. v. Kleinginna Investment Corp., 143 So.2d 684 (Fla. 3rd DCA 1962).
Accordingly, we must reverse the final judgment on the counterclaim. In all other respects this cause is affirmed.
REVERSED AND REMANDED FOR THE ENTRY OF A JUDGMENT IN ACCORDANCE HEREWITH.
CROSS and MOORE, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.