Third District Court of Appeal
State of Florida
Opinion filed July 23, 2026. Not final until disposition of timely filed motion for rehearing.
No. 3D25-2099
Lower Tribunal No. 24-12878-CA-01
Diamond Art Club, LLC, Appellant,
vs.
Lindsay Gosnell, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Spencer Eig, Judge.
Fox Rothschild LLP, and Joseph A. DeMaria and Sarah Emily Coleman, for appellant.
No appearance, for appellee.
Before LINDSEY, MILLER and GOODEN, JJ.
PER CURIAM.
2 Affirmed. See Himes v. Brown & Co. Sec. Corp., 518 So. 2d 937, 938 (Fla. 3d DCA 1987) (“In Florida, unless the fact-finder is presented with evidence which will enable it to determine damages for lost profits with a reasonable degree of certainty, rather than by means of speculation and conjecture, the claimant may not recover such damages.”); Continuum Condo. Ass’n, Inc. v. Continuum VI, Inc., 549 So. 2d 1125, 1127 (Fla. 3d DCA 1989) (“While nominal damages can be awarded when a legal wrong has been proven, but the aggrieved party suffered no damages, or where, e.g., a contract has been breached, but for one reason or another recoverable damages were not proven . . . .”) (citations omitted); Crain Auto. Group, Inc. v. J & M Graphics, Inc., 427 So. 2d 300, 301 (Fla. 3d DCA 1983) (“The rule is that lost profits must be shown with a reasonable degree of certainty.”); see also Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (“In appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error.”).