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Equitable Life Assurance Society of the U.S. v. Digital Products Corp.

Citations: 528 So. 2d 1375; 13 Fla. L. Weekly 1880; 1988 Fla. App. LEXIS 3596Docket: No. 4-86-1861

Court: District Court of Appeal of Florida; August 10, 1988; Florida; State Appellate Court

Narrative Opinion Summary

In this case, the Equitable Life Assurance Society appealed a jury verdict in favor of Digital Products concerning an unjust enrichment claim. The dispute arose from the retention of a Telsol automatic robot telephone dialer that Digital alleged was not paid for by Equitable. Equitable contended that its agent, Mr. Santasiere, had acquired the dialer under a lease/purchase agreement fulfilled through payments to a third party, Master Lease Corporation. Key issues included the trial court's exclusion of a settlement offer letter and the denial of Equitable's motion to amend its answer to reflect Santasiere's individual capacity. The jury ruled in favor of Digital, prompting Equitable to appeal. The appellate court upheld the exclusion of the settlement offer letter but reversed the trial court's denial of the amendment, determining that Digital waived its objection by not timely contesting evidence related to Santasiere’s individual liability. Consequently, the case was remanded for a new trial, allowing Equitable to amend its pleadings to include Santasiere's status concerning the unjust enrichment claim.

Legal Issues Addressed

Admissibility of Settlement Offers

Application: The court ruled that a letter offering to return the dialer, deemed an offer to settle, was inadmissible as evidence in the trial.

Reasoning: A pretrial motion by Digital sought to exclude a letter from Santasiere offering to return the dialer, which the court ruled inadmissible as an offer to settle.

Amendment of Pleadings

Application: The appellate court found that Equitable should have been allowed to amend its answer to assert Santasiere's individual capacity, as Digital waived its right to oppose by not timely objecting to evidence.

Reasoning: The court upheld the exclusion of the letter but reversed the denial of the amendment. It found that Digital waived its right to oppose the amendment since it did not timely object to the admission of evidence indicating Santasiere's individual liability.

Directed Verdict and New Trial Motions

Application: Equitable's motions for a directed verdict and a new trial were originally denied, but the appellate court's decision to remand for a new trial altered the initial trial's outcome.

Reasoning: Equitable's motions for a directed verdict and a new trial were denied, leading to this appeal.