Wednesday, June 30, 2010

The Night They Cancelled 3d DCA Watch.


I'm sorry I'm a bit late with 3d DCA Watch, but as I started to read the endless PCAs that constituted this week's opinions, my mind got sleepy, I began to dream of a large field, filled with daisies, frolicking wildy, giggling, laughing in the rain, twirling in joy, pure ecstasy in the glistening sun, then I awoke several hours later and realized there was absolutely nothing to write about.

Let me give you an example:

Doctor Diabetic v. POAP Corp:
Before RAMIREZ, C.J., and COPE and ROTHENBERG, JJ.,

PER CURIAM.

This is an appeal of a summary final judgment in a breach of contract action. We concur with the trial judge that the damages sought by the appellant Doctor Diabetic Supply, Inc. amounted to consequential damages. See Hardwick Props., Inc. v. Newbern, 711 So. 2d 35, 40-41 (Fla. 1st DCA 1998). The parties’ contract contained a Limitation of Liability provision which precluded recovery of consequential damages. The summary judgment is affirmed.
See what I mean?

8 comments:

  1. That's the first time a PCA has ever inspired pure ecstacy.

    ReplyDelete
  2. I personally think the 3rd is a bunch of schleppers, but I don't know if this issue merits buco ink or bandwith

    the contract said no consequential damages in the limitation of liability clause. if im client im pissed if my guy doesn't get case booted on motion to dismiss

    ReplyDelete
  3. How come your reading of the DCA sounds so much like my last all-night rave?

    In these times of economic crisis we all need cheaper highs.

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  4. Time for a health post.

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