Legal Opinion · Concurrence

Devon Medical, Inc. v. Ryvmed Medical, Inc.

District Court of Appeal of Florida

Decided May 11, 2011No. 4D10-57Published

1ConcurrenceGross, C.J.

I concur in the majority opinion’s conclusion that appellee failed to prove its entitlement to lost profits and write to make two observations about the application of promissory estoppel in this case.

As the majority opinion notes, the jury determined that Devon had breached a written contract with Ryvmed, but that DHS and SMI did not. Also, the jury found all three companies liable on the promissory estoppel claim and awarded $1,400,000 in damages on a single line in the verdict form that allowed the jury to determine damages for both the promissory estoppel claim and the contract claim.

First…

2Cases cited16 opinions

  1. Wheeler v. WhiteTexas Supreme Court · 1965
  2. Fretz Construction Co. v. Southern National Bank of HoustonTexas Supreme Court · 1982
  3. LIBERTY CTY. v. Baxter's Asphalt & Concrete, Inc.Supreme Court of Florida · 1982
  4. Goodman v. DickerCourt of Appeals for the D.C. Circuit · 1948
  5. Bechtel Corp. v. CITGO PRODUCTS PIPELINE CO., Texas Court of Appeals, 3rd District (Austin)2008

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