The Third District Court of Appeal in Florida recently ruled in a case involving Merco Group at Akoya, Inc. and General Computer Services, Inc. (GCS). The court's decision, filed on August 26, 2026, reversed part of a previous judgment that awarded GCS damages for breach of contract. This ruling impacts both companies and clarifies how damages are calculated in breach of contract cases.
Merco Group, the developer of a high-rise residential condominium named Akoya, entered into a contract with GCS in 2003. GCS, a computer services company, was responsible for providing a computer system called BeCruising, which facilitated communication between condominium units and building services. The dispute arose when GCS claimed that Merco failed to pay for services rendered under the contract.
The case has a long history, dating back to 2006, when GCS first sued Merco for breach of contract and other claims. After various appeals and remands, the case returned to trial, focusing solely on the issue of damages. In the latest trial, GCS presented evidence to support its claim for damages, including invoices for materials and contracts with independent contractors. The jury ultimately awarded GCS $602,898 in damages.
However, Merco challenged this verdict, arguing that the amount awarded was not supported by the evidence presented during the trial. The court ruled on Merco's appeal, stating, "Because the amount of damages awarded by the jury was unsupported by the evidence at trial, we reverse the trial court’s denial of Merco’s remittitur motion and remand with directions." This means the court found the jury's damages award excessive and not justified by the evidence.
The ruling specifically addressed the need for damages to be reasonable and supported by actual losses. The court noted that GCS had failed to prove that it incurred expenses under certain contracts that were part of its claim. The court stated that the maximum damages GCS could have legitimately claimed amounted to $109,098.98, a significant reduction from the jury's award.
The decision indicates that the trial court must now provide GCS with the option to accept this lower damages amount. If GCS does not agree to the remittitur, a new trial focused solely on damages must be ordered. This ruling emphasizes the importance of ensuring that damage awards are based on clear evidence of actual losses.
This case highlights the ongoing legal complexities surrounding contract disputes and the necessity for accurate and substantiated claims in court. It also serves as a reminder to businesses about the importance of clear documentation and evidence when entering into contracts.
Moving forward, this ruling may influence how similar cases are handled in Florida, particularly regarding the calculation of damages in breach of contract claims. It reinforces the principle that juries must base their awards on factual evidence rather than speculation.
As for what comes next, GCS has the option to appeal this ruling, but details about any potential appeal were not available in the court filing. The case's history suggests that further legal battles may arise as the parties navigate the implications of this decision.











