John Pomeroy v. Griffin Windows and Doors, LLC

No. 3D22-0738 (Fla. 3d DCA Oct. 18, 2023) · Third District Court of Appeal of Florida · October 18, 2023 · No. No. 3D22-0738

Summary

The Third District Court of Appeal of Florida affirmed the trial court's judgment in favor of Griffin Windows and Doors, LLC. The court relied on the appellant's failure to present sufficient proof of the proper measure of damages and to provide a complete record for appellate review.

Holdings

  1. The trial court did not err in entering judgment consistent with a directed verdict because the appellant failed to present proof of the proper measure of damages.
  2. The judgment must be affirmed where the appellant fails to provide a record sufficient to permit review of the alleged error and overcome the presumption of correctness attaching to the trial court's ruling.

Questions Presented

  1. Whether the trial court erred in entering judgment consistent with a directed verdict when the appellant failed to present sufficient proof of the proper measure of damages.
  2. Whether the appellant provided an adequate appellate record to demonstrate reversible error.

Disposition

affirmed

Cases Cited (6)

  • Mole v. First Fed. Sav. & Loan Ass'n, 674 So. 2d 144 (Fla. 5th DCA 1996)(followed)
  • Grossman Holdings, Ltd. v. Hourihan, 414 So. 2d 1037 (Fla. 1982)(followed)
  • Ponn v. Metro Express, Inc., et al., No. 3D22-991, 2023 WL 5731753 (Fla. 3d DCA Sept. 6, 2023)(followed)
  • Solomon v. New ERA Meat No. 2, 961 So. 2d 989, 989 (Fla. 3d DCA 2007)(followed)
  • Smith v. Orhama, Inc., 907 So. 2d 594, 596 (Fla. 3d DCA 2005)(followed)
  • S. Fla. Apartment Ass'n, Inc. v. Dansyear, 347 So. 2d 710, 711 (Fla. 2d DCA 1977)(followed)

Cited In (0)

No citing cases on record yet.

Court Document

Open PDF
Loading document…