Blue Condominium Association, Inc. v. Blue Grouper Ventures, LLC
A commercial unit owner won a jury verdict of over $1 million against a condominium association for breaching the declaration by failing to provide utility access, plus $1 nominal trespass damages, and the trial court awarded prejudgment interest from 2014 and entered a permanent injunction. The Third DCA reversed both: absent evidence of an out-of-pocket pecuniary loss on a fixed date, prejudgment interest could run only from the date of the jury verdict, and the permanent injunction was unsupported because the complained-of trespass had ceased with no showing it would recur.
Key facts
- Blue Grouper Ventures, LLC, a commercial unit owner, sued Blue Condominium Association, Inc. for breaching the condominium declaration by failing to provide utility access to the commercial unit.
- A jury awarded Blue Grouper Ventures over $1 million in breach damages plus $1 in nominal trespass damages; the trial court also awarded prejudgment interest from 2014 and entered a permanent injunction against the association.
- +1 more key fact with a free trial
Why it matters
Useful ammunition on two recurring post-trial fights. Defense counsel can cite it to cut prejudgment interest back to the verdict date whenever the plaintiff cannot pin an out-of-pocket loss to a specific date, and to… — full analysis with a trial
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