Imperial Majesty Cruise Line, LLC v. Weitnauer Duty Free, Inc.
987 So. 2d 706 (Fla. 4th DCA 2008)
A retailer sued a cruise line, alleging tortious interference with a contract or business relationship and seeking lost profits as damages. The trial court found that the retailer had not proved actual damages, but awarded it nominal and punitive damages. The cruise line appealed. The retailer had a contract with the county to operate a duty-free shop at a port for cruise passengers. The cruise line's ship also had a duty-free gift shop onboard. The cruise line objected to the retailer's selling duty-free goods to its passengers. When the retailer refused to pay the cruise line a commission, the cruise line precluded the retailer from delivering the duty-free goods to its ship or from allowing its customers to shop at the retailer's store. The county subsequently terminated its contract with the retailer, prompting the retailer to file this suit. The trial court held that retailer failed to meet its burden of proving actual damages because it presented insufficient evidence on that issue. In awarding punitive damages, it found that the cruise line's actions were calculated, predatory and excessive. The appellate court held that such conduct, though unjustified, failed to rise to the degree of reprehensibility required for a punitive damages award. The trial court erred in awarding nominal damages as well, because proof of actual damages was an essential element of a prima facie tortious interference claim, and the trial court found that the retailer failed to prove actual damages. The judgment was reversed and the case was remanded for judgment in favor of the cruise line.