Expressair Cargo Services v. Zfour

Full title: EXPRESSAIR CARGO SERVICES, INC., Appellant/Cross-appellee, v. ZFOUR, INC.…

Court: District Court of Appeal of Florida, Third District

Date published: Aug 4, 1999

738 So. 2d 1008 (Fla. Dist. Ct. App. 1999)

Opinion

Nos. 98-1890, 98-1915.

Opinion filed August 4, 1999. Rehearing Denied September 15, 1999.

An Appeal from the Circuit Court for Dade County, Bernard Shapiro, Judge, L.T. No. 94-13907.

Hyman Kaplan, Andrew R. Spector, Edoardo Meloni and Marc A. Rubin, Miami, for appellant/cross-appellee.

Hoffman Hertzig, H.K. Skip Pita, Coral Gables, for appellee/cross-appellant.

Before SCHWARTZ, C.J., and NESBITT and GODERICH, JJ.

PER CURIAM.

In the underlying action for negligent misrepresentation, we reverse the final judgment entered in favor of the plaintiff. After reviewing the record, we find that the trial court should have entered a directed verdict in favor of the defendant where the defendant's misconduct was too tenuous to constitute a proximate cause of the plaintiff's damages. Ameriseal of N.E. Fla., Inc. v. Leiffer, 24 Fla. L. Weekly D1685, 738 So.2d 993 (Fla. 5th DCA 1999).

As this issue is dispositive, we do not address the other issues raised by the appeal and the cross-appeal.

Reversed.