Florida District Courts of Appeal, 1999

Bellsouth Advertising & PubLishing Corp. v. AAA Speedy Appliance Service, Inc.

Bellsouth Advertising & PubLishing Corp. v. AAA Speedy Appliance Service, Inc.
Florida District Courts of Appeal · Decided July 21, 1999 · Gross, Polen, Stone
740 So. 2d 580; 1999 Fla. App. LEXIS 9852; 1999 WL 512114 (Southern Reporter, Second Series)

Bellsouth Advertising & PubLishing Corp. v. AAA Speedy Appliance Service, Inc.

Dissenting Opinion

STONE, J.,

dissenting.

In my judgment, BellSouth Advertising’s exculpatory provision is inapplicable here.

Opinion of the Court

PER CURIAM.

The final judgment in favor of the plaintiff is reversed. Although there was a contract between BellSouth Advertising and Publishing Corporation and AAA Speedy Appliance, Inc. as found by the jury, there were no recoverable damages. The exculpatory clause limited damages to the amount charged for advertising and, in any event, AAA Speedy Appliance, Inc. did not make a payment. Accordingly, we reverse with instructions to direct a verdict in favor of BellSouth Advertising and Publishing Corporation.

POLEN and GROSS, JJ., concur. STONE, J., dissents with opinion.

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