Bellsouth Advertising & PubLishing Corp. v. AAA Speedy Appliance Service, Inc.
Bellsouth Advertising & PubLishing Corp. v. AAA Speedy Appliance Service, Inc.
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
dissenting.
In my judgment, BellSouth Advertising’s exculpatory provision is inapplicable here.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.