Diamond Art Club, LLC v. Lindsay Gosnell
CourtDistrict Court of Appeal of Florida
Date FiledJuly 23, 2026
Docket3D2025-2099
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed July 23, 2026.
Not final until disposition of timely filed motion for rehearing.
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No. 3D25-2099
Lower Tribunal No. 24-12878-CA-01
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Diamond Art Club, LLC,
Appellant,
vs.
Lindsay Gosnell,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Spencer Eig,
Judge.
Fox Rothschild LLP, and Joseph A. DeMaria and Sarah Emily
Coleman, for appellant.
No appearance, for appellee.
Before LINDSEY, MILLER and GOODEN, JJ.
PER CURIAM.
Affirmed. See Himes v. Brown & Co. Sec. Corp., 518 So. 2d 937, 938
(Fla. 3d DCA 1987) (โIn Florida, unless the fact-finder is presented with
evidence which will enable it to determine damages for lost profits with a
reasonable degree of certainty, rather than by means of speculation and
conjecture, the claimant may not recover such damages.โ); Continuum
Condo. Assโn, Inc. v. Continuum VI, Inc., 549 So. 2d 1125, 1127 (Fla. 3d
DCA 1989) (โWhile nominal damages can be awarded when a legal wrong
has been proven, but the aggrieved party suffered no damages, or where,
e.g., a contract has been breached, but for one reason or another
recoverable damages were not proven . . . .โ) (citations omitted); Crain Auto.
Group, Inc. v. J & M Graphics, Inc., 427 So. 2d 300, 301 (Fla. 3d DCA 1983)
(โThe rule is that lost profits must be shown with a reasonable degree of
certainty.โ); see also Applegate v. Barnett Bank of Tallahassee, 377 So. 2d
1150, 1152 (Fla. 1979) (โIn appellate proceedings the decision of a trial court
has the presumption of correctness and the burden is on the appellant to
demonstrate error.โ).
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