E.F.K. COLLINS CORP. v. S.M.M.G., INC

No. 84-879.

464 So.2d 214 (1985)

E.F.K. COLLINS CORP., Appellant, v. S.M.M.G., INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

February 19, 1985.


Attorney(s) appearing for the Case

Jacobson & Gottlieb and Scott R. Gill, Hollywood, for appellant.

Kwitney, Kroop & Scheinberg and John F. Paulin, Jr., Miami Beach, for appellee.

Before BARKDULL, HENDRY and BASKIN, JJ.


HENDRY, Judge.

E.F.K. Collins Corp. appeals from a final judgment of the trial court finding appellant liable for violating a sublease restriction by operating a shooting gallery game machine which directly competed with appellee's game room, and assessing $37,965.50 as damages, plus costs of $122.50. We reverse and remand for a new trial.

We are compelled to reverse on the issue of damages because appellee failed to establish that it in fact suffered any...

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