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NATIONAL AIRCRAFT SERVS., INC. v. AEROSERV INTERN., INC.

Nos. 87-2872, 88-516 and 88-1455.

544 So.2d 1063 (1989)

NATIONAL AIRCRAFT SERVICES, INC. and James E. Brewer, Appellants, v. AEROSERV INTERNATIONAL, INC., Etc. Aerothrust Corporation, Etc. and Wayne K. Goettsche, Appellees. AEROTHRUST CORPORATION, Etc. and Aeroserv International, Inc., Etc. Appellants, v. NATIONAL AIRCRAFT SERVICES, INC. and James E. Brewer, Appellees. AEROSERV INTERNATIONAL, INC., Appellant, v. James E. BREWER, Appellee.

District Court of Appeal of Florida, Third District.

June 6, 1989.

Attorney(s) appearing for the Case

Thornton, David & Murray and Terry L. Redford, Miami, for appellants/appellees.

Fine, Jacobson, Schwartz, Nash, Block & England and Gary S. Brooks and Bonnie J. Losak-Jimenez, Miami, for appellees/appellants.

Before SCHWARTZ, C.J., and HUBBART and BASKIN, JJ.

PER CURIAM.

For numerous reasons, we find no basis to support the appellee Brewer's award of nominal and punitive damages for the alleged fraud of Aeroserv and therefore reverse that aspect of the judgment before us. Among the grounds which compel this result are the following:

1. The basis of the fraud which is now advanced to support the verdict and judgment was not contained in the complaint and therefore cannot support it as a matter of law. See Arky...

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