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.
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.