Can I Appeal the Amount of Damages Awarded in a Business Lawsuit?
A business lawsuit can end with a judgment that feels larger than what was proven at trial. If the court entered judgment against your company, an appeal may provide a way to challenge the damages award. Damages refers to the amount of money the plaintiff is awarded at trial for their losses. Now, an appeal is not a second chance to argue that the amount feels unfair. You need a legal or evidentiary basis. Below, we discuss the various grounds for appealing the amount of damages awarded in a business lawsuit in Florida.
When Can You Challenge Business Damages on Appeal?
The fact that a damages award is large doesn’t make it appealable. The stronger question is whether the trial court used the wrong legal method, relied on insufficient evidence, or made another reversible error affecting the amount awarded.
- The Damages Were Calculated Incorrectly
Florida appellate courts usually consider two issues: whether the court used the correct method to calculate damages and whether the factual evidence supports the final amount. The methodology used to calculate damages is usually reviewed de novo, while an award based on the correct measure of damages is reviewed based on evidence.
- The Award Was Not Supported by Competent Evidence
The appellate court may also examine whether the record contains sufficient evidence to support the damages awarded. For instance, if a plaintiff claimed millions in lost profits but relied on assumptions that were speculative or unsupported by the business’s actual financial records, that may be an issue for appellate review.
- Punitive Damages Were Awarded
Under Florida law, entitlement to punitive damages must be established by clear and convincing evidence of intentional misconduct or gross negligence. There is also a limit on punitive awards. If a judgement includes these damages, the legal basis for that may be an important appellate issue.
If considering an appeal in your business case, there are two key issues to remember.
Preservation
Generally, an appeal works from the existing trial record. If your business objected to the damages calculation, challenged the evidence, or raised the issue through an appropriate post-trial motion, preserving that issue can be critical to appellate review.
Deadlines
In Florida, a notice of appeal from a final order must be filed within 30 days after judgment. Certain authorized post-trial motions can affect when that period begins, so the exact procedural history matters.
Remittitur Before the Appeal
Before pursuing an appeal, you may have another option. You may ask the trial court to reduce an excessive damages award through remittitur. Florida Statute § 768.74 directs courts to consider whether the jury or judge ignored the evidence, included improper damages, relied on speculation or conjecture, or awarded an amount that does not have a reasonable relationship to the damages proven.
In a remittitur motion, you must identify the applicable law, the amount that should have been awarded, and the evidence supporting that amount or identify the improper damages claimed. This can allow you to challenge the amount before pursuing appellate review.
Contact Us for Legal Help
If your business has received a damages judgment you believe is unsupported or improperly calculated, contact our Miami civil appeals lawyer at Valero Law today by calling 305-607-7011 to review the record and identify potential grounds for appeal. We serve clients in Davie, Coconut Grove, Broward County, and Miami-Dade County.
