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Arcanum Investigations, Inc. v. ChoicePoint Public Records, Inc.

Citations: 909 So. 2d 456; 2005 Fla. App. LEXIS 13295; 2005 WL 2016817Docket: No. 4D04-3390

Court: District Court of Appeal of Florida; August 24, 2005; Florida; State Appellate Court

Narrative Opinion Summary

The case involves an appeal and cross-appeal following a judgment in favor of ChoieePoint Public Records, Inc. against Arcanum Investigations, Inc. and DocuSearch, Inc. The legal dispute centered on claims of civil conspiracy, breach of contract, and fraud. Initially, the trial court granted summary judgment on liability to ChoieePoint and, after a non-jury trial, imposed joint and several liability on the defendants, awarding ChoieePoint $67,561.19 in compensatory damages and $500 in attorney’s fees. However, the court denied ChoieePoint's request for punitive damages, leading to a cross-appeal. On appeal, the court found the evidence supported only $67,086.16 in compensatory damages and upheld the denial of punitive damages. It also ruled that the defendants waived their right to a jury trial by not objecting until the proceedings were underway. Consequently, the appellate court affirmed the trial court's decision in part, reversed it in part, and remanded the case for adjustment of the damages award. This decision was supported by Chief Judge Stevenson and Judges Polen and Taylor.

Legal Issues Addressed

Compensatory Damages Adjustment

Application: The appellate court adjusted the compensatory damages awarded to ChoieePoint, reducing the amount from $67,561.19 to $67,086.16 based on the evidence presented.

Reasoning: The appellate court found that the evidence only justified compensatory damages of $67,086.16, though it upheld the remaining aspects of the trial court's ruling.

Denial of Punitive Damages

Application: ChoieePoint's claim for punitive damages was denied by the trial court, leading to a cross-appeal.

Reasoning: However, the court denied ChoieePoint's claim for punitive damages, prompting the cross-appeal.

Joint and Several Liability

Application: The trial court's ruling imposed joint and several liability on Arcanum and DocuSearch for the compensatory damages and attorney's fees awarded to ChoieePoint.

Reasoning: The court granted summary judgment on liability to ChoieePoint and subsequently conducted a non-jury trial that resulted in a ruling of joint and several liability for Arcanum and DocuSearch, awarding compensatory damages of $67,561.19 and $500 in attorney’s fees.

Waiver of Right to Jury Trial

Application: The appellate court determined that the appellants waived their right to a jury trial by not objecting until the proceedings were already in progress.

Reasoning: It noted that the appellants had not objected to the non-jury trial proceedings until they were already in progress, which constituted a waiver of their right to a jury trial.