If your business is in the position of defending a commercial litigation action, there may be a variety of ways advance that defense, some of which are rooted in the law more than the facts of your case. You may, for example, be able to assert that the trial court lacks the jurisdiction to give the plaintiff the relief it seeks. You may also be able to oppose an award of damages on the grounds that the court did not hold a required hearing. Whether your defenses rely primarily upon legal arguments, procedural assertions, factual arguments or all of the above, it is important to make sure that you have skilled South Florida commercial litigation counsel advocating for your business interests.
A dispute over a sea vessel spawned a commercial litigation action that recently came before the state appeals court in West Palm Beach. The seeds of this dispute were sown in a contract for the construction of a sport fishing vessel. The manufacturer began building the craft, but never finished it. Still with no boat, the entity that had commissioned the craft sued for breach of contract, among other claims. While the lawsuit was going on, the purchaser and the manufacturer, without counsel, executed a settlement agreement. The settlement called for the manufacturer to purchase the incomplete craft “as is/where is” from the purchaser for $200,000.
The manufacturer paid the purchaser $30,000 but never paid the remaining $170,000. That non-payment was the basis for the money damages that the purchaser sought. The trial court was persuaded and entered a judgment for the purchaser in the amount of $170,000. The manufacturer appealed the verdict. It argued that the trail court did not have jurisdiction to enforce the settlement agreement because that contract “did not support a money damages award.”