Yellowfin Yachts, LLC v. Carl Austin Rosen
In a boat-purchase fraud and FDUTPA suit, the trial court granted the buyer leave to add a punitive damages claim based on a proffer that the manufacturer concealed a sea-trial grounding, made inadequate repairs, delivered an unfit vessel, and demanded full payment under false pretenses. The Third DCA affirmed on non-final review, holding the trial court properly relied exclusively on the plaintiff's proffer and viewed it in the light most favorable to the plaintiff, notwithstanding the defendant's competing proffer.
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