Florida District Courts of Appeal, 1992

Apparel Affiliates, Inc. v. Coren

Apparel Affiliates, Inc. v. Coren
Florida District Courts of Appeal · Decided June 17, 1992 · Anstead, Hersey, Letts
602 So. 2d 967; 1992 Fla. App. LEXIS 6869; 1992 WL 131828 (Southern Reporter, Second Series)

Apparel Affiliates, Inc. v. Coren

Opinion of the Court

PER CURIAM.

AFFIRMED.

HERSEY, J., concurs. LETTS, J., concurs specially with opinion. ANSTEAD, J., dissents in part with opinion.

Concurring Opinion

LETTS, Judge,

specially concurring.

I specially concur only to record the reason why I do not agree with Judge An-stead’s partial dissent. As I read the written agreement in this case, the commission was based on a “net agreed selling price (includ[ing] labor, cutting, duty and transportation).” Under the facts, I believe the words “transportation” and “freight” to be synonymous.

Dissenting Opinion

ANSTEAD, Judge,

dissenting in part.

The trial court awarded appellee damages for breach of contract. I dissent only to the extent that I believe the evidence fails to sustain the trial court’s inclusion of certain freight charges used as a predicate for computing appellee’s sales commission. I would remand with directions that the damages be reduced accordingly. In all other respects I concur in the affirmance.

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