Flamingo Realty, Inc. v. Midwest Development, Inc.

Although I concur that the district court used the wrong quantum meruit valuation method, I respectfully disagree with my colleagues’ assessment of damages on appeal. Over my several years as a jurist, I have tried to remain true to a fundamental principle of appellate review: courts of appeal should spend their working hours deciding issues of law and not issues of fact. Only on rare occasions and under the most egregious circumstances (“clearly erroneous,” “manifestly wrong” or “abuse of discretion”) should we disrupt the factual rulings of the district court. It is on even rarer occasions…