Island Travel & Tours Ltd. Co. v. MYR Independent, Inc.
After a jury trial in a joint-venture dispute, the plaintiff prevailed only on breach of contract while directed verdict/JNOV was entered against its civil theft claims for lack of criminal intent. The Third DCA reversed the fee award based on proposals for settlement, remanding for apportionment of fees to the claim on which plaintiff actually prevailed, and reversed the denial of the defendants' section 772.11 fee motion, holding that a directed verdict for failure of proof on an essential element means the civil theft claim was 'without substantial fact or legal support.'
Key facts
- Plaintiff Island Travel & Tours Ltd. Co. sued defendant MYR Independent, Inc. in a joint-venture dispute, asserting claims for breach of contract and civil theft.
- At jury trial, plaintiff prevailed on the breach of contract claim but the trial court entered a directed verdict against plaintiff on the civil theft claims for lack of evidence of criminal intent.
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Why it matters
The opinion gives defendants a concrete, workable standard for recovering fees under section 772.11: a directed verdict for failure of proof on an essential element of civil theft establishes that the claim was 'without… — full analysis with a trial
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