Supreme Court of Florida
Lewis v. Guthartz
December 22, 1982428 So. 2d 222
Summary
The Florida Supreme Court affirmed the Third District Court of Appeal’s reversal of the trial court’s punitive damages and attorneys' fees awards, holding that punitive damages are unavailable in a breach of contract action unless the plaintiff pleads and proves an independent tort, and that statutory attorney’s‑fee provisions do not apply when the action is based on a federal regulatory agreement rather than a rental lease.
Holding
- Must plaintiffs plead and prove an independent tort to recover punitive damages in a breach of contract action?. Yes; punitive damages are not recoverable for breach of contract absent an independent tort.
- Are Florida statutory attorney’s‑fee provisions §§83.48 and 83.49(3)(c) applicable when the action is based on a federal regulatory agreement rather than a rental lease?. No; the statutes apply only to actions arising under a rental agreement, and the present action was grounded in the FHA regulatory agreement.
Docket 61824
Cited authorities
- 20 Ohio St. L.J. 284
Cited by
- Simmons v. USI Insurance Services LLC
- Nasseri v. Wilson
- Toms v. State Farm Life Insurance Company
- Rizack v. Starr Indemnity & Liability Company
- Action Nissan, Inc. v. Hyundai Motor America
- Williams v. Scrima
- Buyers Appliances, Inc. v. Sacks
- In Re Louis S. St. Laurent, Ii, Debtors. Louis S. St. Laurent, Ii v. William J. Ambrose, and Patty A. Ambrose