CIMA CAPITAL PARTNERS v. PH CELLULAR, INC.

No. 3D09-1896.

69 So.3d 293 (2010)

CIMA CAPITAL PARTNERS, LLC, etc., Appellant, v. PH CELLULAR, INC., etc., Appellee.

District Court of Appeal of Florida, Third District.

March 31, 2010.


Attorney(s) appearing for the Case

Alvarez, Armas & Borron and J. Alfredo De Armas and Arturo Alvarez , Coral Gables, for appellant.

Lipscomb, Brady & Bobadilla and Deborah B. Jofre , Miami, for appellee.

Before SUAREZ, CORTIÑAS, and SALTER, JJ.


SUAREZ, J.

CIMA Capital Partners, LLC seeks to reverse the final judgment awarding specific performance and to remand for an award of damages. We reverse and remand. CIMA Capital Partners (CIMA) sued PH Cellular, Inc. (PHC), for breach of contract and the trial court was able to quantify the amount of damages as of the date of the breach, which required an award of damages and not an award for specific performance.

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