9740 W Bay Harbor Dr, LLC v. Bay Harbour Investment, Inc.
Sellers of two waterfront lots appealed a jury verdict for fraudulent inducement, negligent misrepresentation, and FDUTPA violations arising from undisclosed seawall defects, arguing caveat emptor barred the claims and that the buyer recovered unpled special damages. The Third District affirmed, holding that the sellers' failure to file a timely post-verdict motion under Florida Rule of Civil Procedure 1.480(b) waived their directed-verdict arguments on appeal. The court also noted that in fraud actions involving realty, a decline in market value is general, not special, damages under the 'out-of-pocket' and 'benefit of the bargain' measures.
Key facts
- Sellers of two waterfront lots sold to buyer; buyer later discovered undisclosed seawall defects and sued for fraudulent inducement, negligent misrepresentation, and FDUTPA violations.
- Jury returned verdict in favor of buyer for damages based on the fraud and statutory claims; sellers appealed, arguing caveat emptor barred the claims and that buyer recovered unpled special damages.
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Why it matters
This opinion is a sharp preservation warning: even a well-argued directed-verdict issue is lost on appeal absent a timely Rule 1.480(b) post-verdict motion within fifteen days of the verdict, and the Third District… — full analysis with a trial
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