Idalberto Bueno v. Rancho La Florida LLC

Summary

The Florida Third District Court of Appeal affirmed an interlocutory order granting judgment on the pleadings on a conversion claim arising from an alleged oral joint venture agreement to breed pedigree cattle. The court also affirmed the refusal to give proposed special jury instructions concerning damages for breach of the agreement, concluding that the pleadings and evidence did not support those instructions.

Holdings

1. A party cannot recover in tort for the same damages sought in a breach-of-contract claim when the alleged tort is not independent of the alleged breach of contract. The trial court therefore properly granted appellees judgment on the pleadings on Bueno's conversion count.
2. The trial court did not abuse its discretion by declining to give Bueno's proposed special jury instructions on damages because the pleadings and trial testimony did not support the proposed instructions defining the parties' respective losses under the alleged oral joint venture agreement.

Questions Presented

1. Whether the trial court properly granted judgment on the pleadings on Bueno's conversion count when the alleged tort was not independent of the alleged breach of contract and sought the same damages.
2. Whether the trial court abused its discretion by declining to give Bueno's proposed special jury instructions concerning damages for the alleged breach of the oral joint venture agreement.

Disposition

affirmed