Florida District Courts of Appeal, 1991

Codias v. Gati

Florida District Courts of Appeal · Decided September 17, 1991 · Gersten, Levy, Schwartz

585 So. 2d 502; 1991 Fla. App. LEXIS 9542; 1991 WL 181458 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

Affirmed.

LEVY and GERSTEN, JJ., concur.

Concurring Opinion

SCHWARTZ, Chief Judge

(specially concurring).

Although I am convinced that the trial judge erred in determining that the appel-lees were not liable for breach of their contract with the appellant, I concur in affirmance because the only showing of the appellant’s damages was based on a liquidated damages clause which was plainly inapplicable to the present situation.

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