HIGHSMITH v. ECAA, LLC

No. 1D13-1892.

138 So.3d 544 (2014)

Patty HIGHSMITH, Julie Wrenn, and Eleanor Ann Perry, Appellants, v. ECAA, LLC, a foreign limited liability company, Kathy L. Anderson, an individual, David J. Heekin, an individual, Landmark Title, LLC, and First American Title Company, Inc., a Florida corporation, Appellees.

District Court of Appeal of Florida, First District.

April 30, 2014.


Attorney(s) appearing for the Case

Harold S. Lippes of Lippes & Bryan, P.A., Ponte Vedra, for Appellants.

Kathryn L. Smith of Cole, Scott & Kissane, P.A. for Appellees David J. Heekin and Landmark Title, LLC; Steven E. Brust , Scott S. Gallagher , and Jonathon D. Pressley of Smith, Gambrell & Russell, LLP, Jacksonville, for Appellee First American Title Company, Inc.


PER CURIAM.

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...

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