Highsmith v. ECAA, LLC

We affirm on all issues except one. We find the trial court erred in granting summary judgment on appellants’ claims for breach of fiduciary duty based on its finding that appellants failed to establish entitlement to damages. “Where a breach of fiduciary duty is shown but no actual damages are proved, nominal damages may be awarded.” Minotty v. Baudo, 42 So.3d 824, 836 (Fla. 4th DCA 2010). The trial court found that an award of nominal damages must be reduced by the value of appellants’ occupancy of the condominium units at issue, and that value would exceed the nominal damages.

The trial…