Legal Opinion · Dissent

KT Holdings USA, Inc. v. Akerman, Senterfitt & Eidson

District Court of Appeal of Florida

Decided March 24, 2010No. 3D07-1767Published

1DissentShepherd, J.

The only issue before the trial court was whether the failure of the KT entities to raise mutual mistake in the Tampa lawsuit was an intervening cause of the loss of the aircraft. As the law firm and attorney defendants describe in their answer brief:

In the trial court, Akerman and two of its shareholders who were also sued in this action, Carlos J. Deupi (“Deupi”), and Stewart H. Lapayowker (“Lapay-owker”) (collectively, the “Akerman Attorneys”) moved for summary judgment on grounds that the MacKnight Companies caused their own damages by failing to present the winning defense of mutual…

2Cases cited7 opinions

  1. Harris v. UhlendorfNew York Court of Appeals · 1969
  2. CIRCLE MORTG. CORP. v. KlineDistrict Court of Appeal of Florida · 1994
  3. Brandsmart of West Palm Beach v. Dr LakesDistrict Court of Appeal of Florida · 2005
  4. Migliore v. ManzoAppellate Division of the Supreme Court of the State of New York · 2006
  5. Miller v. SeibtAppellate Division of the Supreme Court of the State of New York · 2004

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