Legal Opinion
REWJB Dairy Plant Associates v. Bombardier Capital, Inc.
District Court of Appeal of Florida
Decided October 29, 2014No. 3D12-3444PublishedCited by 2 opinions
1Opinion of the CourtScales, J.
REWJB Dairy Plant Associates, etc., et al. (REWJB or Farm Stores), Defendants below, appeal from the trial court’s December 4, 2012, order granting Plaintiff Bombardier Capital Inc.’s (Bombardier) motion for additur. The order granting Bombardier’s additur motion also retroactively granted Bombardier’s motion for directed verdict on Farm Stores’ accord and satisfaction defense. We reverse and remand for a new trial on both liability and damages. We likewise reverse the order insofar as it granted a directed verdict on Farm Stores’ defense of accord and satisfaction.
I. Facts
A. The Contract
In…
2Cases cited6 opinions
- TIMMY WOODS BEVERLY HILLS v. GreenwaldDistrict Court of Appeal of Florida · 1985
- HEALTH OPTIONS v. Palmetto Pathology Servs.District Court of Appeal of Florida · 2008
- Southern Bell Tel. & Tel. Co. v. ACME, ETC.District Court of Appeal of Florida · 1982
- Food Lion v. JacksonDistrict Court of Appeal of Florida · 1998
- Westminster Community Care Services, Inc. v. MikesellDistrict Court of Appeal of Florida · 2009
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3Cited by2 opinions
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