Tuesday, January 22, 2013

Florida Supreme Court answers questions about contract breach, deceptive trade practices

January 22, 2013 12:42 PM 

By Nathan Bass

TALLAHASSEE, Fla. (Legal Newsline) – The Florida Supreme Court answered four certified questions regarding state law in a breach of contract and deceptive trade practices case before the Eleventh Circuit Court of Appeals.

Justice R. Fred Lewis wrote the majority opinion, filed Jan. 10, and Justice Charles T. Canady wrote an opinion, concurring in part and dissenting in part, to the majority’s answers.

“The action from which these certified questions arose involves a contract dispute between Dr. Alan Horowitch, M.D., a resident of Arizona, and Diamond Aircraft Industries Inc., a foreign corporation that operates in Florida and has an agent there.

“In June 2004, Horowitch contracted to buy a single engine jet aircraft from Diamond Aircraft for the price of $850,000. Diamond Aircraft, however, failed to deliver the aircraft to Horowitch and refused to complete the transaction unless he paid a purchase price of at least $1, 380, 000,” the opinion states.

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