BELLSOUTH ADVERTISING PUBLISHING CORPORATION v. AAA SPEEDY APPLIANCE SERVICE INC (1999)

District Court of Appeal of Florida,Fourth District.

BELLSOUTH ADVERTISING & PUBLISHING CORPORATION, a foreign corporation, Appellant/cross-appellee, v. AAA SPEEDY APPLIANCE SERVICE, INC., a Florida corporation, Appellee/cross-appellant.

No. 98-2106.

Decided: July 21, 1999

John R. Hargrove and W. Kent Brown of Heinrich Gordon Hargrove Weihe & James, P.A., Fort Lauderdale, for appellant/cross-appellee. Max R. Price and Phillip N. Nicholas of Solms & Price, P.A., Miami, and Charles M. Auslander of Charles M. Auslander, P.A., Coral Gables, for appellee/cross-appellant.

The final judgment in favor of the plaintiff is reversed. Although there was a contract between BellSouth Advertising and Publishing Corporation and AAA Speedy Appliance, Inc. as found by the jury, there were no recoverable damages. The exculpatory clause limited damages to the amount charged for advertising and, in any event, AAA Speedy Appliance, Inc. did not make a payment. Accordingly, we reverse with instructions to direct a verdict in favor of BellSouth Advertising and Publishing Corporation.

In my judgment, BellSouth Advertising's exculpatory provision is inapplicable here.

PER CURIAM.

POLEN and GROSS, JJ., concur. STONE, J., dissents with opinion.

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