McIntyre v. McCloud, 334 So. 2d 171 (Fla. 3d DCA 1976). · Go Syfert
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McIntyre v. McCloud, 334 So. 2d 171 (Fla. 3d DCA 1976). Cases Citing This Book View Copy Cite
12 citation events (3 in the last 25 years) across 3 distinct courts.
Strongest positive: AMERICAN SALES AND MANAGEMENT ORGANIZATION LLC D/B/A EULEN AMERICA v. LUIS RODRIGUEZ LOPEZ (fladistctapp, 2023-03-22)
Top citers, strongest first. 8 distinct citers.
discussed Cited as authority (rule) AMERICAN SALES AND MANAGEMENT ORGANIZATION LLC D/B/A EULEN AMERICA v. LUIS RODRIGUEZ LOPEZ
Fla. Dist. Ct. App. · 2023 · confidence medium
A directed verdict should only be granted (or affirmed on appeal) “where no proper view of the evidence could sustain a verdict in favor of the nonmoving party.” Banco Espirito Santo Int’l, Ltd. v. BDO Int’l, B.V., 979 So. 2d 1030, 1032 (Fla. 3d DCA 2008) (quoting Owens v. Publix Supermarkets, Inc., 802 So. 2d 315, 329 (Fla. 2001)). 20 § 3 (“Damage or injury resulting from the breach of duty and invasion of right is an element necessary to make a cause of action in tort; the question of liability is irrelevant if there are no damages”) (citing McIntyre v. McCloud, 334 So. 2d 171, …
discussed Cited as authority (rule) American Optical Corp. v. Spiewak
Fla. · 2011 · confidence medium
Even assuming arguendo, that a “wrong” (in the form of negligence) was perpetrated by the defendants on the plaintiff, it is, nonetheless, well-established in the common law that there is no valid cause of action where there is shown to exist, at the very most, a “wrong” without “damage.” Id. at 171-72 (emphasis supplied); see also Braddock v. Seaboard Air Line R.R.
discussed Cited as authority (rule) Aetna Life & Cas. Co. v. Therm-O-Disc, Inc.
Fla. · 1987 · confidence medium
A negligence action against the defendant GAF cannot lie herein because no cognizable tort damages were sustained by the plaintiff Zack, see McIntyre v. McCloud, 334 So.2d 171, 172 (Fla. 3d DCA 1976); stated differently, no personal injury or property damage was sustained by the plaintiff Zack as a result of its purchase and installation of the defective roofing materials manufactured by the defendant GAF and therefore no negligence action is maintainable herein.
discussed Cited as authority (rule) Eastern Refractories Co. v. Forty Eight Insulations, Inc.
S.D.N.Y. · 1987 · confidence medium
The court held that “A negligence action against the defendant GAF cannot lie herein because no cognizable tort damages were sustained by the plaintiff, Zack, see McIntyre v. McCloud, 334 So.2d 171, 172 (Fla.3d DCA 1976); stated differently, no personal injury or property damage was sustained by the plaintiff Zack as a result of its purchase and installation of the defective roofing materials maunfactured by the defendant GAF and therefore no negligence action is maintainable herein.” GAF Corp., 445 So.2d at 351-52 .
discussed Cited as authority (rule) Affiliates for Evaluation v. Viasyn Corp.
Fla. Dist. Ct. App. · 1987 · confidence medium
A negligence action against the defendant GAF cannot lie herein because no cognizable tort damages were sustained by the plaintiff, Zack, see McIntyre v. McCloud, 334 So.2d 171, 172 (Fla. 3d DCA 1976); stated differently, no personal injury or property damage was sustained by the plaintiff Zack as a result of its purchase and installation of the defective roofing materials manufactured by *691 the defendant GAF and therefore no negligence action is maintainable herein." GAF Corp., 445 So.2d at 351-52 .
discussed Cited as authority (rule) GAF Corp. v. Zack Co.
Fla. Dist. Ct. App. · 1984 · confidence medium
A negligence action against the defendant GAF cannot lie herein because no cognizable tort damages were sustained by the plaintiff Zack, see McIntyre v. McCloud, 334 So.2d 171, 172 (Fla.3d DCA 1976); stated differently, no personal injury or property damage was sustained by the plaintiff Zack as a result of its purchase and installation of the defective roofing materials *352 manufactured by the defendant GAF and therefore no negligence action is maintainable herein.
cited Cited "see" Mostoufi v. Presto Food Stores, Inc.
Fla. Dist. Ct. App. · 1993 · signal: see · confidence high
See McIntyre v. McCloud, 334 So.2d 171 (Fla. 3d DCA 1976); Scott-Steven Dev.
cited Cited "see" Simon v. Bartel
Fla. Dist. Ct. App. · 1987 · signal: see · confidence high
See McIntyre v. McCloud, 334 So.2d 171 (Fla. 3d DCA 1976).
Lillie R. McINTYRE and Cleveland McIntyre, Her Husband, Appellants,
v.
Robert McCLOUD et al., Appellees.
75-1420.
District Court of Appeal of Florida, Third District.
Jun 8, 1976.
334 So. 2d 171
Pearson, Hendry and Haverfield.
Cited by 10 opinions  |  Published

Wolfson, Diamond, Logan & Edge and Elliott H. Lucas, Miami Beach, for appellants.

Stuart Simon, County Atty. and Thomas F. Valerius and Thomas Goldstein, Asst. County Attys., Weissenborn, Burr & Hyman, Miami, for appellees.

Before PEARSON, HENDRY and HAVERFIELD, JJ.

PER CURIAM.

In this personal injury action, the jury found from the evidence that the plaintiff-appellant did not sustain the injuries[*172] alleged, which determination is unquestionably within the jury's province. Even assuming arguendo, that a "wrong" (in the form of negligence) was perpetrated by the defendants on the plaintiff, it is, nonetheless, well-established in the common law that there is no valid cause of action where there is shown to exist, at the very most, a "wrong" without "damage." See the general proposition in Scott-Steven Development Corp. v. Gables by the Sea, Inc., Fla.App. 1964, 167 So.2d 763.

Affirmed.