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John Hancock Mutual Life Ins. Co. v. Mark-A, Inc.

John Hancock Mut. Life Ins. Co. v. Mark-A, Inc., 324 So. 2d 674 (Fla. Dist. Ct. App. 1975)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
December 23, 1975
Docket
No. 75-544
Judges
Per Curiam
Citations
324 So. 2d 674
Cited by 8 1 descriptions by later courts

Opinion — Per Curiam

324 So.2d 674 (1975)

JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, a Massachusetts Corporation, Appellant,

v.

MARK-A, INC., a Florida Corporation, Appellee.

No. 75-544.

District Court of Appeal of Florida, Second District.

December 23, 1975.

Sam Bucklew, of Bucklew, Ramsey, Ott & Gardner, Tampa, for appellant.

Martin N. Strelser, of Lancaster & Strelser, Tampa, for appellee.

PER CURIAM.

Appellee, Mark-A, Inc., filed suit against appellant, John Hancock Mutual Life Insurance Company, claiming that upon an inventory taken by appellee it was determined that a quantity of furniture, entrusted to the appellant, was missing. The cause was tried on the theory of bailment before the court without a jury. Final judgment was entered in favor of appellee, assessing damages against appellant in the amount of $8,000. Appellant timely filed this appeal.

We have considered the three points raised by appellant and deem that only one of them merits discussion. This issue concerns the basis upon which the trial court awarded damages to appellee.

We agree with the well-established principles that awards for damage must be supported by evidence and cannot be based on speculation and conjecture. On the other hand, the law is also clear to the effect that where damages cannot be precisely and mathematically determined, the trial judge is vested with reasonable discretion in making awards of damages. We are persuaded that the trial judge's award in this case is not based substantially on speculation, but, rather, on a sound exercise of discretion in a reasonable manner and on sufficient competent testimony.

We hold that the trial judge was correct in his rulings of law and his findings of fact are supported by substantial evidence.

Affirmed.

McNULTY, C.J., and HOBSON and BOARDMAN, JJ., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 8 cases

View all citing references →
1980: 11983: 11984: 21991: 11993: 11997: 12005: 119802026peak 1984 · 2

Relies on it most ⓘ

  1. Mori v. MATSUSHITA ELEC. CORP., ETC.380 So. 2d 461 (Fla. Dist. Ct. App. 1980)
  2. US Home Corp. v. Suncoast Utilities454 So. 2d 601 (Fla. Dist. Ct. App. 1984)
  3. Clearwater Associates v. Hicks Laundry Equipment Corp.433 So. 2d 7 (Fla. Dist. Ct. App. 1983)
  4. Michael David Ivey, Inc. v. Salazar903 So. 2d 329 (Fla. Dist. Ct. App. 2005)
  5. C.W.B. Enterprises, Inc. v. K.A.T. Equipment Corp.449 So. 2d 354 (Fla. Dist. Ct. App. 1984)
  6. Aponte v. Exotic Pools, Inc.699 So. 2d 796 (Fla. Dist. Ct. App. 1997)

Most recent

  1. Michael David Ivey, Inc. v. Salazar903 So. 2d 329 (Fla. Dist. Ct. App. 2005)
  2. Aponte v. Exotic Pools, Inc.699 So. 2d 796 (Fla. Dist. Ct. App. 1997)
  3. Rodgers Construction, Inc. v. Jetstar Development, Inc.611 So. 2d 613 (Fla. Dist. Ct. App. 1993)
  4. Eagle Transfer, Inc. v. Bernuth Agencies, Inc.578 So. 2d 840 (Fla. Dist. Ct. App. 1991)
  5. US Home Corp. v. Suncoast Utilities454 So. 2d 601 (Fla. Dist. Ct. App. 1984)
  6. C.W.B. Enterprises, Inc. v. K.A.T. Equipment Corp.449 So. 2d 354 (Fla. Dist. Ct. App. 1984)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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