Cabo Rico Yachts, Inc. v. Martinache

Plaintiff, Guy Martinache, sued defendant, Cabo Rico Yachts, Inc., after it failed to return a deposit plaintiff paid for construction of a boat that was never delivered to plaintiff. Defendant appeals the trial court’s entry of summary judgment in favor of plaintiff on plaintiffs breach of contract and fraud claims. We affirm summary judgment on the breach of contract claim. However, we reverse summary judgment on the fraud claim, as plaintiffs motion for summary judgment did not request summary judgment on that count and plaintiff did not submit any evidence of fraud. See Williams v. Bank…