Jericho All-Weather Opportunity Fund, LP v. Pier Seventeen Marina & Yacht Club, LLC
District Court of Appeal of Florida
1Opinion of the CourtTaylor, J.
This lawsuit has its genesis in a lender’s failure to fund a $36 million construction loan in 2008. The lender, Jericho All-Weather Opportunity Fund (“Jericho”), and its general partner, Svirsky Asset Management (“SAM”), appeal a final judgment awarding Pier Seventeen Marina and Yacht Club (“Pier 17”) damages of $5,158,875.63, plus $2,213,687.58 in prejudgment interest, in Pier 17’s action for breach of a Loan Agreement. We conclude that, because the Loan Agreement did not contain a promise by Jericho to fund the loan, Jericho’s failure to fund the loan was not a breach of the Loan Agreement.…
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