CopyCited 3 times | Published | Florida 1st District Court of Appeal | 18 U.C.C. Rep. Serv. (West) 850
...Appellant issued an irrevocable letter of credit which was dishonored upon presentation. Appellee filed suit seeking damages including attorneys' fees. The learned trial judge entered a summary final judgment in favor of appellee holding that F.S.
675.115 and F.S.
672.710 afforded a basis for the award of attorneys' fees although no provision therefor is found in the letter of credit the dishonor of which resulted in the litigation....
...Ochoa, Fla.App.1st, 1958,
104 So.2d 799) However, in appropriate cases attorneys' fees may constitute an element of recoverable damages. ( Glusman v. Lieberman, Fla.App.4th, 1973,
285 So.2d 29, and cases therein cited). Construing F.S.
675.115 and F.S.
672.710 in the light of the facts of this case and in the light of F.S....
CopyPublished | Florida 2nd District Court of Appeal | 51 U.C.C. Rep. Serv. 2d (West) 1061, 2003 Fla. App. LEXIS 16126, 2003 WL 22438598
...Sometime after Florida Recycling breached the contract, Petersen removed the loader from Florida Recycling’s truck and sold it to another purchaser. Petersen sought damages for $7873.65 in lost profits pursuant to the Uniform Commercial Code, section
672.708(2), Florida Statutes (1999). Also, as provided in section
672.710, Petersen claimed $10,180.35 in incidental damages for the costs of modifying the loader and Florida Recycling’s truck....
...A seller is entitled to the full measure of its damages from a breaching buyer. Vagabond Container, Inc. v. City of Miami Beach,
356 So.2d 1266, 1267 (Fla. 3d DCA 1978). This includes lost profits under section
672.708(2) and incidental damages under section
672.710. Section
672.710 defines incidental damages as including “any commercially reasonable charges, expenses or commissions ... resulting from the breach.” The comment to section
672.710 states that its purpose is “[t]o authorize reimbursement of the seller for expenses reasonably incurred by him as a result of the buyer’s breach.” No one disputes that Petersen reasonably incurred the modification expenses....
