Philip E. Blake and James M. Cole v. G.M. Munce and Blake and Cole, P.A.

426 So. 2d 1175 (Fla. Dist. Ct. App. 1983) · District Court of Appeal of Florida, Fifth District · February 9, 1983 · No. No. 81-1609

Summary

The Florida Fifth District Court of Appeal reviewed a judgment awarding damages to G.M. Munce arising from his employment with Blake and Cole, P.A. The court held that the individual appellants were not personally liable for breach of the employment contract because there was insufficient evidence of mutual assent, but that Cole could be liable for fraudulent misrepresentation. It reversed the judgment against Blake on the misrepresentation claim and otherwise affirmed.

Holdings

  1. The individual defendants could not be held liable on the employment contract because the evidence did not establish mutual or reciprocal assent by either Blake or Cole to personally guarantee the contract terms.
  2. The evidence was sufficient to submit Munce's fraudulent-misrepresentation claim against Cole to the jury and to support recovery against him.
  3. The trial court should have directed a verdict for Blake on the fraudulent-misrepresentation count because the uncontradicted evidence showed that Blake made no misrepresentations to Munce; the punitive-damages award against Blake therefore also had to be stricken.

Questions Presented

  1. Whether sufficient evidence established that Blake and Cole, individually, were parties to Munce's employment contract.
  2. Whether sufficient evidence supported Munce's fraudulent-misrepresentation claim against Cole.
  3. Whether sufficient evidence supported Munce's fraudulent-misrepresentation claim against Blake when Blake made no alleged misrepresentation.
  4. Whether punitive damages could be sustained against Blake on the misrepresentation count.

Disposition

other

Cases Cited (9)

  • Goff v. Indian Lake Estates, Inc., 178 So. 2d 910 (Fla. 2d DCA 1965)(followed)
  • Mann v. Thompson, 100 So. 2d 634 (Fla. 1st DCA 1958)(followed)
  • Teare v. Local Union No. 295, 98 So. 2d 79 (Fla. 1957)(followed)
  • Amazon v. Davidson, 390 So. 2d 383 (Fla. 5th DCA 1980)(followed)
  • Charter Air Center, Inc. v. Miller, 348 So. 2d 614 (Fla. 2d DCA 1977)(followed)
  • Bower v. Selecman, 52 So. 2d 680 (Fla. 1951)(followed)
  • Wheeler v. Baars, 33 Fla. 696, 15 So. 584 (1894)(followed)
  • Bobby Jones Garden Apartments, Inc. v. Suleski, 391 F.2d 172 (5th Cir. 1968)(followed)
  • American Motorcycle Institute v. Mitchell, 380 So. 2d 452 (Fla. 5th DCA 1980)(followed)

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