BROUGH v. IMPERIAL STERLING LTD.

Nos. 01-14195, 01-14222 and 01-15049.

297 F.3d 1172 (2002)

Richard A. BROUGH, Jr., Plaintiff-Counter Defendant-Appellee, v. IMPERIAL STERLING LTD., a Delaware corporation, Defendant-Counter Claimant-Counter Defendant-Appellant, Harriet Golding, a.k.a. Harriet Golding Martin, Counter-Defendant.

United States Court of Appeals, Eleventh Circuit.

July 16, 2002.


Attorney(s) appearing for the Case

Daniel S. Rosenbaum, Becker & Poliakoff, West Palm Beach, FL, for Imperial Sterling Ltd in Nos. 01-14195, 01-14222 & 01-15049.

Michael R. Riemenschneider, O'Brien, Riemenschneider & Kancilia, Melbourne, FL, for Richard A. Brough, Jr. in Nos. 01-14195 & 01-14222.

Michael R. Riemenschneider, O'Brien, Riemenschneider & Kancilia, Melbourne, FL, Lorin Louis Mrachek, Page, Mrachek, Fizgerald & Rose, P.A., West Palm Beach, FL, Kelly Lee Reagan, West Palm Beach, FL, for Richard A. Brough, Jr. in No. 01-15049.

Before MARCUS and KRAVITCH, Circuit Judges, and VINSON, Chief District Judge.


KRAVITCH, Circuit Judge:

This appeal presents the question of whether, under Florida law, it is too speculative for a jury to award damages for future unearned commissions to an employee whose contract has been repudiated by his employer. We hold that, where it is unclear whether the employee would have received the commissions under the contract, it is too speculative for a jury to award compensation for the lost commissions. We therefore reverse the award of damages...

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