Legal Opinion

Katz Deli of Aventura, Inc. v. Waterways Plaza, LLC

District Court of Appeal of Florida

Decided November 27, 2013No. Nos. 3D12-3409, 3D13-124PublishedCited by 11 opinions

1Opinion of the CourtRothenberg, J.

This consolidated appeal and cross-appeal contests the amount of damages awarded for a breach of contract that led to the constructive eviction and ultimate destruction of Katz Deli of Aventura’s business. Because we agree that prospective lost profits was the correct measure of damages, and find no clear error with the trial court’s factual finding that awarding prospective lost profits beyond the initial lease term would be too speculative, we affirm.

BACKGROUND

The Haibi family owned and operated a successful business, “Katz Deli of New York,” in Pembroke Pines, Florida. After several years…

2Cases cited27 opinions

  1. Florida Patient's Compensation Fund v. RoweSupreme Court of Florida · 1985
  2. Standard Guar. Ins. Co. v. QuanstromSupreme Court of Florida · 1990
  3. Twyman v. RoellSupreme Court of Florida · 1936
  4. Ashland Oil, Inc. v. PickardDistrict Court of Appeal of Florida · 1972
  5. WW Gay Mech. Contr., Inc. v. Wharfside Two, Ltd.Supreme Court of Florida · 1989

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3Cited by11 opinions

  1. HCA Health Services of Florida, Inc. d/b/a St. Lucie Medical Center, a Florida corporation v. Cyberknife Center of the Treasure Coast, LLC, a Florida Limited Liability CompanyDistrict Court of Appeal of Florida · 2016
  2. ICMfg & Associates, Inc. v. The Bare Board Group, Inc.District Court of Appeal of Florida · 2017
  3. S & S Packing, Inc. v. Spring Lake Rattle Ranch, Inc.Court of Appeals for the Eleventh Circuit · 2017
  4. Tubby's Customs, Inc. v. EulerDistrict Court of Appeal of Florida · 2017
  5. Trelles v. Le Basque Holdings, LLCDistrict Court of Appeal of Florida · 2019

6 more not listed; retrieve them via the Exa API.

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