Precision Tune Auto Care, Inc. v. Radcliffe

804 So. 2d 1287 (2002)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Precision Tune Auto Care, Inc. v. Radcliffe

Florida District Court of Appeal
804 So. 2d 1287 (2002)

Facts

James Radcliffe (defendant) owned and operated a Precision Tune Auto Care, Inc. (Precision) (plaintiff) franchise store, identified as Store 1516, in South Florida pursuant to a franchise-lease agreement. Radcliffe was also the guarantor for four other Precision franchise stores owned and operated by other individuals. Radcliffe brought a breach-of-franchise-agreement action against Precision seeking damages; the complaint did not plead any special damages. Precision timely filed an answer and counterclaim. Radcliffe then filed a list of discovery demands, with which Precision failed to comply. The trial court ultimately struck Precision’s counterclaim for failing to comply with discovery demands and discovery-related court orders. At trial, Radcliffe argued that he was entitled to special damages for future-contingent liability because (1) although Radcliffe’s guarantor agreement for the other four Precision stores allowed him to take over the franchise lease if the current owners defaulted, (2) Precision’s breach of Radcliffe’s franchise agreement for Store 1516 would prevent Radcliffe from taking over those leases; and (3) if Radcliffe were prevented from taking over the franchise-lease agreement on a store following default, he would incur substantial monetary damages under the guarantor agreement. The trial court admitted Radcliffe’s evidence and awarded Radcliffe special damages in its final judgement. Precision appealed, arguing that (1) the trial court should not have struck its counterclaim based on Precision’s failure to comply with discovery-related demands and court orders; and (2) because Radcliffe did not plead special damages in his complaint, the trial court erred by awarding Radcliffe special damages.

Rule of Law

Issue

Holding and Reasoning (Warner, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 733,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 733,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 733,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership