R.D.M.H., Inc. v. Dempsey,
618 So 2d
794 (Fla 5th DCA 1993).
A plaintiff
sued a defendant corporation and its principal for breach of contract
and fraud. The Brevard County Circuit Court entered judgment for breach
of contract, fraud, and punitive damages in favor of the plaintiff.
Ms.
Lippincott represented the defendants on appeal. The judgments for fraud
and punitive damages were reversed. The appellate court reversed the
judgment, holding that a compensatory damage award for both breach of
contract and fraud could not stand where the plaintiff fails to
establish any difference in the damages sustained. And, in addition, the
court held that without a successful fraud judgment the award of
punitive damages could not stand.