321 So.3d 810
Fla. Dist. Ct. App.2021Background
- Land & Sea Petroleum (Appellant) hired Steven Leavitt as commercial sales/operations director; Leavitt signed non‑compete, confidentiality/non‑solicitation, and non‑disclosure agreements.
- Leavitt prepared a detailed Central Florida expansion business plan for Appellant and recommended a second employee for hire.
- The recommended hire resigned two days after starting; Leavitt resigned after ~4 months and both soon began working for Atlas Oil (Competitor).
- Evidence showed Leavitt shared Appellant’s business plan and assisted Atlas’ Florida expansion while still employed by Appellant; Atlas recruited several parent‑company executives.
- After a four‑day nonjury trial the trial court found breaches of the employment agreements, breach of fiduciary duty, aiding and abetting, and tortious interference, and found Appellant had “suffered damages,” but concluded Appellant failed to prove lost profits or disgorgement and entered a final judgment awarding zero dollars.
- Appellant proposed final judgment asserting entitlement to nominal damages ($1.00 per prevailing count); the trial court omitted nominal damages. Appellant appealed; the appellate court affirmed in part and reversed only to award nominal damages on certain claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Appellant waived entitlement to nominal damages by failing to request them at trial | Appellant argued it preserved the issue by submitting a proposed final judgment after the court’s order directing the parties to prepare final judgment | Atlas argued Appellant waived nominal damages because they were not pleaded or requested during trial | Not waived: in bench trial court could consider nominal damages after trial; Appellant raised issue in proposed final judgment requested by court |
| Whether nominal damages must be awarded where liability found but actual damages not established | Appellant argued that finding of liability/damages entitles it at least to nominal damages on breaches and fiduciary claims | Atlas argued nominal damages are permissive and not mandatory, and Appellant failed to prove damages | Court held nominal damages appropriate for breach of contract, breach of fiduciary duty, and aiding/abetting breach of fiduciary where liability/ some damages were found; trial court erred in awarding $0 on those claims |
| Whether nominal damages are available for tortious interference claim | Appellant sought nominal damages for all prevailing claims | Atlas argued tortious interference requires proof of actual damages so nominal damages are unavailable | Held: nominal damages not available for tortious interference because actual damages is an element and Appellant failed to prove them |
| Denial of motion to file third amended complaint to add punitive damages | Appellant argued amendment had substantive basis and would not prejudice Atlas | Atlas defended denial as proper (no reversible error) | Appellate court affirmed denial (no reversible error) |
Key Cases Cited
- Hutchison v. Tompkins, 259 So. 2d 129 (Fla. 1972) (general damages need not be specifically pleaded; nominal damages recoverable where legal right invaded)
- Ault v. Lohr, 538 So. 2d 454 (Fla. 1989) (nominal damages defined as damages flowing from establishment of invasion of a legal right)
- Beverage Canners, Inc. v. Cott Corp., 372 So. 2d 954 (Fla. 3d DCA 1979) (nominal damages appropriate where breach proven but lost profits not established)
- Minotty v. Baudo, 42 So. 3d 824 (Fla. 4th DCA 2010) (nominal damages available where breach of fiduciary duty shown but no actual damages proved)
- Imperial Majesty Cruise Line, LLC v. Weitnauer Duty Free, Inc., 987 So. 2d 706 (Fla. 4th DCA 2008) (tortious interference requires proof of actual damages; nominal damages unavailable)
- MSM Golf, L.L.C. v. Newgent, 853 So. 2d 1086 (Fla. 5th DCA 2003) (once contract breach established, injured party entitled to compensatory or at least nominal damages)
- Wilson v. Univ. Cmty. Hosp., Inc., 101 So. 3d 857 (Fla. 2d DCA 2012) (discusses permissive nature of nominal damages; conflicts with MSM Golf)
- Bluth v. Blake, 128 So. 3d 242 (Fla. 4th DCA 2013) (waiver of nominal damages in jury context where not requested before verdict)
- Acoustic Innovations, Inc. v. Schafer, 976 So. 2d 1139 (Fla. 4th DCA 2008) (standard of review for nonjury trial: factual findings supported by competent, substantial evidence)