$5,000,000 Painting at Center of Florida Contract & Fraud Lawsuit
Valuable art is often fought over by Florida probate lawyers and beneficiaries and even family members when there is a Florida probate.
Florida Lawsuit Over $5 MM Painting and a Deal Not Done
- But a recent case involved a valuable piece of art (NOT the ones shown in this commentary on Florida business litigation) and Florida Breach of Contract Claim which also
- Involved a liquidated damages clause provision to a Florida contract
- A Florida art gallery sued the owner of a painting over Breach of Contract
- The painting owner did not follow through with a sale
- There was a liquidated damages clause = $2.5 Million
Florida Business Litigators Fight Over $2.5 Million Liquidated Damages
- The art gallery wanted summary judgment on liability
- The painting owner claimed that the documents which the art gallery used to support the summary judgment were FRAUDULENT — serious stuff, right?
Court Rules on Fraud & Liquidated Damages Clause in Florida Contract Lawsuit
- The 3rd District Court of Appeals weighed in when the Florida judgment or order was appealed
- The painting owner was ENTITLED to a full evidentiary hearing on the issue of FRAUD
- In Florida business litigation circles, a “full evidentiary hearing” means a mini-trial: have your Florida business litigation lawyers get ready with witnesses, evidence, documents & testify
- The liquidated damages clause of $2.5 Million = reversed
- Florida law has a specific 2 prong test for liquidated damages clauses in Florida contract lawsuits which Florida business litigators are familiar with