Mercury Marine Div. of Brunswick Corp. v. Boat Town USA, Inc.
Docket: 82-1401
Court: District Court of Appeal of Florida; January 31, 1984; Florida; State Appellate Court
Mercury Marine Division of Brunswick Corporation (Appellant) filed a lawsuit against Boat Town U.S.A. Inc., Stephen Grossman, and Albert H. Tate, Jr. (Appellees) to collect an outstanding account balance. In response, Boat Town counterclaimed for damages due to Mercury's alleged wrongful failure to renew their franchise and other claims not presented to the jury. The jury awarded Mercury $86,887.06, while Boat Town received $167,500.00 for lost profits or business value. Mercury argued two main points on appeal: (1) Boat Town's damages should be limited to the notice of renewal period specified in the franchise agreement, and (2) there was insufficient evidence to support Boat Town's verdict. The court noted that Mercury did not provide notice regarding sums due under the dealership agreement or any deficiencies justifying nonrenewal under the Wisconsin Fair Dealership Law. As per the agreement, Mercury was required to allow Boat Town to remedy any issues before termination. The court rejected Mercury's argument that damages should be confined to the notice period. Regarding the evidence of damages, Mercury contested the competence of Albert H. Tate, Jr.'s testimony about the loss of business value, claiming he was unqualified as a corporate officer. The court acknowledged the general rule that corporate officers are not automatically considered qualified to testify about business value. However, Tate's experience and management role provided sufficient basis for his testimony to be admissible. The jury could reasonably assess the loss of business value based on evidence of annualized profits over a 15-month period prior to termination and the subsequent performance as an Evinrude dealer. Ultimately, the court found no reversible error in the trial proceedings and affirmed the lower court's judgment in favor of Boat Town.