Iglesia Bautista De "Renovacion Cristiana" v. Tamiami Baptist Church of Miami, Inc.
Docket: No. 95-2073
Court: District Court of Appeal of Florida; June 19, 1996; Florida; State Appellate Court
An appeal was made regarding a summary judgment that ruled special damages nonrecoverable for wrongful eviction, with an alternative finding that the appellant waived the right to pursue such damages. The court reversed this decision, stating that special damages may be recoverable if it is determined that the appellant's members were wrongfully and prematurely evicted from their Tamiami premises, which required them to rent substitute property. The court noted that although the appellant waived its right to a jury trial concerning special damages, there was no evidence indicating a complete abandonment of the claim for these damages. As a result, the appellant is allowed to pursue the claim for special damages in connection with the previously granted declaratory relief. The case is reversed and remanded for further proceedings.