The Florida District Court of Appeal recently ruled on a long-standing contract dispute between Merco Group at Akoya, Inc. (Merco) and General Computer Services, Inc. (GCS). The court reversed part of a judgment that awarded GCS damages for breach of contract, stating that the amount was not supported by evidence. This decision affects both companies and could change how damages are calculated in similar cases.
The case stems from a contract signed in 2003 between Merco, a developer of a high-rise residential condominium, and GCS, a computer services company. GCS developed a system called BeCruising to facilitate communication between condominium units and building services. After years of legal battles, the case returned to court to determine the appropriate damages owed to GCS.
In 2006, GCS sued Merco, claiming that it had fully performed under the contract but had not received payment. The case was complicated, as it involved multiple trials and appeals over the years. The most recent trial focused solely on the issue of damages, following earlier rulings that had addressed other aspects of the case.
During the trial, GCS presented evidence, including invoices for materials and contracts with salespeople. However, the court found that the jury's awarded damages of $602,898 were not justified. The court noted that GCS had not proven actual losses for the amounts claimed under the contracts with its salespeople. In its ruling, the court stated, "Given Roig’s testimony, there was a total failure of proof that GCS sustained any actual losses stemming from either contract."
The judges involved in the ruling were Lindsey, Lobree, and Gooden. They determined that the maximum amount of damages supported by the evidence was $108,898.98, significantly lower than what the jury had awarded. The court reversed the trial court's denial of Merco's motion for remittitur, which is a request to reduce the damages awarded.
The court's decision means that GCS has the option to accept the reduced damages amount or face a new trial on the damages issue. If GCS agrees to the remittitur, the prejudgment interest awarded to it will also need to be recalculated based on the new damages amount. The court affirmed all other aspects of the previous judgment.
This ruling is significant as it emphasizes the importance of providing clear evidence to support claims for damages in contract disputes. Companies involved in similar cases may need to reassess how they present their damages claims in court. The decision may also influence future cases regarding the calculation of damages, particularly in Florida.
Looking ahead, GCS may choose to appeal the ruling or seek further clarification from the court. There are no related cases mentioned in the court filing, but the outcome of this case could set a precedent for how damages are handled in future contract disputes.











