Bellsouth Advertising & PubLishing Corp. v. AAA Speedy Appliance Service, Inc. , 1999 Fla. App. LEXIS 9852 ( 1999 )


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  • PER CURIAM.

    The final judgment in favor of the plaintiff is reversed. Although there was a contract between BellSouth Advertising and Publishing Corporation and AAA Speedy Appliance, Inc. as found by the jury, there were no recoverable damages. The exculpatory clause limited damages to the amount charged for advertising and, in any event, AAA Speedy Appliance, Inc. did not make a payment. Accordingly, we reverse with instructions to direct a verdict in favor of BellSouth Advertising and Publishing Corporation.

    POLEN and GROSS, JJ., concur. STONE, J., dissents with opinion.

Document Info

Docket Number: No. 98-2106

Citation Numbers: 740 So. 2d 580, 1999 Fla. App. LEXIS 9852

Judges: Gross, Polen, Stone

Filed Date: 7/21/1999

Precedential Status: Precedential

Modified Date: 10/18/2024