504.2 Breach of Contract Damages 504.3 Lost Profits 504.4 Damages for Complete Destruction to Business 504.5 Owner's Damages for Breach of Contract to Construct Improvements on Real Property 504.6 Obligation to Pay Money Only 504.7 Buyer's Damages for Breach of Contract for Sale of Real Property We also happen to be Florida breach of warranty attorneys. Failure to Produce a Written Contract: Sometimes, the other side can protest that an oral agreement is grounds for a breach of contract. ), Equitable Relief: One seeking Equity MUST do Equity, Exculpatory Clauses will be Strictly Construed to Determine Enforceability, Do Yourself a Favor: Get a Court Reporter at that Impactful Hearing, Real Estate Brokers are NOT Immune from Liability, Res Judicata and 4 Requirements that Must be Demonstrated, Writ of Prohibition to Prevent Trial Court from Exceeding Jurisdiction, Directed Verdict Granted where No View of Evidence Could Support Jury Verdict, Petition for Writ of Mandamus Directing Trial Court to Take Action, Considerations: Independent Tort Doctrine and Claim Known as Equitable Accounting, Waiver is a Voluntary Relinquishment of a Known Right that Must be Proven with a Clear Showing, Dismissal Without Prejudice does NOT Trigger Attorneys Fees under Proposal for Settlements, Bert Harris Act and Competing Motions for Summary Judgment, Plaintiff MUST Confer Direct Benefit on Defendant to Prove Unjust Enrichment, You Cannot Intentionally Render Moot a Plaintiffs Lawsuit, Apparent Authority of Agent to Bind Principal, Serving the Civil Remedy Notice (CRN) to Perfect a First-Party Bad Faith Insurance Claim, Breach of Express Contract is Exception to Sovereign Immunity, Moving for and Challenging a Protective Order under the Apex Doctrine, Purchase-and-Sale Contract: Your Right to Modify Them, Premise Liability and Duty Owed to Business Invitees, Recovering Attorneys Fees in Litigating the Amount of Attorneys Fees, Business Interruption due to COVID-19 NOT Covered under Commercial Property Insurance Policy, Foreseeability and the Duty Element of a Negligence Claim, Post-Judgment Receiver Appointed to Collect on Behalf of Judgment Creditor, Reminder: Not Every Breach is a Material Breach of Contract, Adding a Non-Party Fabre Defendant to the Verdict Form, 3-Step Process for Objections to Trade Secrets, Attorneys Fees to Prevailing Party Under FDUTPA Claim are PERMISSIVE, Contractually Disclaiming a Fraud Claim (Possible, but not Easy to do), Floridas Single Publication Rule (and Defamation Claims), Reasonable Time to Accept Settlement Offer (is a Question of Fact), Contingency Fee Multiplier Must Establish the Relevant Market Factor, Business Judgment Rule Designed to Shield Directors from Personal Liability, Ambiguity in Insurance Policy Interpreted in Favor of Insured, Pure Bill of Discovery NOT for Purposes of Fishing Expedition, Partition Action does Not Result in Money Damages Against a Party, Consider Prevailing Party Attorneys Fees before Voluntarily Dismissing Case, Confession of Judgment does Not Start the Clock to File Motion for Attorneys Fees, Quick Note: Motion for Protective Order Reviewed Under Abuse of Discretion Standard of Review, There are NO Magic Buzz Words to Effectuate an Assignment, Presuit Appraisal Requirement under Bert J. Harris Act, Determining whether Lis Pendens Against Property is Appropriate Fair Nexus, Recovering Attorneys Fees Incurred on Partys Behalf, To Pierce Corporate Veil, there Needs to be Sufficient Findings of Improper Conduct, Timely Moving for Trial De Novo after Non-Binding Arbitration Award, Attorneys Fees do Not have to be Quantified in Proposal for Settlement, A Bad Deal does NOT Make It an Unlawful Deal, Dismissal of Complaint (Action under Floridas Public Whistleblower Act) for Failure to State Cause of Action, Duty Element of Negligence Did Defendants Conduct Foreseeably Create Broader Zone of Risk, Trier of Fact Determines Weight of the Evidence, Oops! This is because that party also committed a breach of contract. Statutory Construction What does the Statute Mean? Whether you are a buyer or seller, we can help you achieve your goals. 2d 880, 882 (Fla. 4th DCA 2005) ([A] material breach of the agreement allows the non-breaching party to treat the breach as a discharge of his contract liability.). There are several defenses to breach of contract under Florida law. 3d 783, 787 (Fla. 1st DCA 2014) (Whether a breach is material and important is a question of degree, which must be answered by weighing the consequences of the breach in light of the actual custom of persons in the performance of contracts similar to the one involved in the particular case. Fla. 2002) (emphasis added). (2) At trial, if any defendant shows the court that the plaintiff, or any person lawfully on her or his behalf, has delivered a release or covenant not to sue to any person, firm, or corporation in partial satisfaction of the damages sued for, the court shall set off this amount from the amount of any judgment to which the plaintiff would be otherwise entitled at the time of rendering judgment and enter judgment accordingly. Affirmative defenses are reasons and evidence provided by the defense to show why the plaintiff should not win the case. A prior breach may also be waived where the party did not complain of the prior breach at the time it happened and instead continued to perform under the contract. The trial attorneys at Van Riper and Nies Attorneys, a Veteran-owned law firm, have successfully represented Florida residents and businesses in breach of contract litigation cases in Broward, Palm Beach, Martin County and St. Lucie counties in Florida. COUNT V QUANTUM MERUIT 23. But what do you do if the credit card company or other plaintiff can prove its case? In a traditional defense, you can simply point out that they failed to prove one of those elements with admissible evidence and win your lawsuit. For example, in Covelli Family, L.P. v. ABG5, LLC, 977 So. Under Article 2 of the Uniform Commercial Code, two types of warranties may arise upon a sale unless waived or limited. Buyers deserve to get the ownership, value, and quality that they deserve when making a purchase. 3d 644 (Fla. 4th DCA 2011) (Because time was of the essence in the post-closing agreement, appellees failure to complete construction of RCA Boulevard by the deadline in the contract constituted a material breach.). See Digesu v. With Advantageous Business Relationship, Tortious Interference: 2. The defenses do not necessarily dispute the plaintiff's primary claim but present the circumstances that should dismiss it. In California, offset is an affirmative defense to a claim for breach of contract. The fourth element of the prior breach analysis examines whether the party seeking to avail itself of the doctrine waived the ability to do so. Butler v. Yusem, 44 So. A prior breach can also be implicitly waived by the parties conduct. Affirmative Defenses to Breach of Warranty. Denied. The invaluable online tool for litigation and transactional attorneys. In order for a plaintiff to win a lawsuit against you, they have to prove each of the elements of their claim. To determine whether the breach is material, there are certain criteria one may consult when undertaking such a task [including]: (1) the extent to which the injured party will be deprived of the benefit which can reasonably be expected; (2) the extent to which the injured party can be adequately compensated for the part of the benefit of which she will be deprived; (3) the extent to which the breaching party will suffer forfeiture; (4) the likelihood that the breaching party will cure; and (5) the extent to which the behavior of the breaching party comports with the standards of good faith and fair dealing. Id. Most of the time, it is pled as an affirmative defense incorrectly. One of those ways is by proving an affirmative defense. 2DO8-1847 (Fla. 2d DCA, February 27, 2009), illustrates an interesting defense to a tortious interference claim. Lets break this down as applied to the above hypothetical. A covenant is dependent where it goes to the whole consideration of the contract; where it is such an essential part of the bargain that the failure of it must be considered as destroying the entire contract; or where it is such an indispensable part of what both parties intended that the contract would not have been made with the covenant omitted. Steak House, Inc., 65 So. Therefore, a defendant has the burden of raising the defense as well as proving it in court. There Must be a Prior Breach of a Provision in the Contract. Below are the elements the person or business entity who filed against you must prove in court in order to succeed on a breach of contract dispute. Stated differently, [s]ettlement proceeds must be set off against the jury verdict where defendants [the settling defendant and non-settling defendant] are liable for the same injury. Yellow Cab Co. of St. Petersburg, Inc. v. Betsey, 696 So.2d 769, 772 (Fla. 2d DCA 1996). Group USA, Inc. v. King, 171 F. Supp. Where a settlement is undifferentiated and general [and not allocated amongst the claims], the aggregate of the amount of the settlement should be set off against the judgment [to prevent the appearance of double recovery for the same damages]. Cornerstone SMR, 163 So.2d at 569. In those cases, you may be able to not only win your case, but recover money from the other side. But, where there are separate and distinct claims involving different elements of damages, set-off is inappropriate. Under this defense, the person or entity being accused of a breach of contract argues that the other party is not entitled to a remedy under Florida. BREACH OF CONTRACT 9. 3d 7 (Fla. 3d DCA 2009) (reversing rescission of lease premised upon an alleged prior breach of dependent covenant based on waiver by acceptance of benefits under the lease). A covenant is independent where it does not go to the whole consideration of the contract but is only subordinate and incidental to its main purpose . Id. Breach of Contract Cases. Remedies for a Breach of Contract in Florida; 2d 853, 857 (Fla. 1972) (A defendants failure to perform some minor part of his contractual duty cannot be classified as a material or vital breach.). affirmative defenses to breach of fiduciary duty floridamr patel neurosurgeon cardiff 27 februari, 2023 . 3d 102 (Fla. 2010), the Florida Supreme Court held that defendant's reliance need not be "justifiable." . Promissory Estoppel The legal doctrine of promissory estoppel may be raised as an affirmative defense in a breach of contract claim. Under Florida civil procedure rules, you have 20 days to answer the complaint, and your answer must include your affirmative defenses. Appendix AHow to Write and Use Jury Instruction in Civil Cases v. Domino, 896 So. (3) The fact of such a release or covenant not to sue, or that any defendant has been dismissed by order of the court shall not be made known to the jury. Because breach of warranty is based on a contract between the parties, the defendant can require the plaintiff to do certain things to obtain a remedy. If this is a defense you want to try to prove, remember you will need to factually prove the bad unclean hands conduct and the elements to satisfy the defense. Fla. Sept. 25, 2015). The basis for the claim is that even if you owe the plaintiff money on its claim, it owes you money on other claims, and your claim can reduce the value of plaintiff's claim. AT&T, Sprint & T-Mobile Users Can Dial **LAWYERS, Breach of Warranty Claims & Defenses in Florida, Economic Injury Claims and Defenses in Commercial Litigation, Computer Fraud Abuse and Hacking Claims and Defenses (CFAA), Unfair or Deceptive Business Practice Claims and Defense in Florida, Interference with Contractual or Business Relations Claims and Defense, Intellectual Property Claims and Intellectual Property Defense, Trademark Infringement Claims and Trademark Infringement Lawsuit Defense, Cybersquatting Claims and Defenses Under the Anti Cyber Squatting Protection Act (ACPA). 11 For many reasons, it is imperative you retain the services of a forceful and thorough advocate who can protect your interests. Affirmative defenses to breach of contract are facts, which if pleaded and proven by a party, can avoid legal obligation for promises that seem to satisfy the requirements for contact. Admitted. 2d 736, 737 (Fla. 1953). Plaintiffs are unable to recover under a theory of interference with contractual relations without demonstrating a viable contract with a third party, that the Defendant was aware of such a contract and interfered with the third party contract. Respond with every plausible argument that would prevent damages from being paid to the party who sued. In Florida, and many jurisdictions, there is an equitable affirmative defense known as unclean hands. An affirmative defense is the most common means of defense in a breach of contract case. Most defenses to breach of contract are "affirmative defenses." It is asserted, but not really a defense a party can ever prove. (See also this, Value of Restrictive Covenant when Moving for Permanent Injunction, Reasonable Attorneys Fee Hearing Does Attorney Need to Testify at Hearing, Word to the Wise: File Your Notice of Appeal TIMELY, Contract is Not Hearsay; It has Independent Legal Significance, Voluntarily Dismissing a Lawsuit that Gives Rise to Attorneys Fees (Oh No! Mistakes can be divided into unilateral or mutual. Set-off is a popular topic or defense raised in civil disputes. 10. P. 1.110. In those circumstances, common law contract principles may provide a defense to claims of contractual breach caused by the COVID-19 pandemic. Suite 140-E This means that the party was unable to abide by the terms of the contract as the incident made it impossible for the party to do so. We handle breach of warranty defense in Palm Beach, Broward, Miami Dade County and throughout Florida. Honest, hardworking sellers should not be held hostage to the unreasonable expectations of an overly demanding buyer. ), Equitable Relief: One seeking Equity MUST do Equity, Exculpatory Clauses will be Strictly Construed to Determine Enforceability, Do Yourself a Favor: Get a Court Reporter at that Impactful Hearing, Real Estate Brokers are NOT Immune from Liability, Res Judicata and 4 Requirements that Must be Demonstrated, Writ of Prohibition to Prevent Trial Court from Exceeding Jurisdiction, Directed Verdict Granted where No View of Evidence Could Support Jury Verdict, Petition for Writ of Mandamus Directing Trial Court to Take Action, Considerations: Independent Tort Doctrine and Claim Known as Equitable Accounting, Waiver is a Voluntary Relinquishment of a Known Right that Must be Proven with a Clear Showing, Dismissal Without Prejudice does NOT Trigger Attorneys Fees under Proposal for Settlements, Bert Harris Act and Competing Motions for Summary Judgment, Plaintiff MUST Confer Direct Benefit on Defendant to Prove Unjust Enrichment, You Cannot Intentionally Render Moot a Plaintiffs Lawsuit, Apparent Authority of Agent to Bind Principal, Serving the Civil Remedy Notice (CRN) to Perfect a First-Party Bad Faith Insurance Claim, Breach of Express Contract is Exception to Sovereign Immunity, Moving for and Challenging a Protective Order under the Apex Doctrine, Purchase-and-Sale Contract: Your Right to Modify Them, Premise Liability and Duty Owed to Business Invitees, Recovering Attorneys Fees in Litigating the Amount of Attorneys Fees, Business Interruption due to COVID-19 NOT Covered under Commercial Property Insurance Policy, Foreseeability and the Duty Element of a Negligence Claim, Post-Judgment Receiver Appointed to Collect on Behalf of Judgment Creditor, Reminder: Not Every Breach is a Material Breach of Contract, Adding a Non-Party Fabre Defendant to the Verdict Form, 3-Step Process for Objections to Trade Secrets, Attorneys Fees to Prevailing Party Under FDUTPA Claim are PERMISSIVE, Contractually Disclaiming a Fraud Claim (Possible, but not Easy to do), Floridas Single Publication Rule (and Defamation Claims), Reasonable Time to Accept Settlement Offer (is a Question of Fact), Contingency Fee Multiplier Must Establish the Relevant Market Factor, Business Judgment Rule Designed to Shield Directors from Personal Liability, Ambiguity in Insurance Policy Interpreted in Favor of Insured, Pure Bill of Discovery NOT for Purposes of Fishing Expedition, Partition Action does Not Result in Money Damages Against a Party, Consider Prevailing Party Attorneys Fees before Voluntarily Dismissing Case, Confession of Judgment does Not Start the Clock to File Motion for Attorneys Fees, Quick Note: Motion for Protective Order Reviewed Under Abuse of Discretion Standard of Review, There are NO Magic Buzz Words to Effectuate an Assignment, Presuit Appraisal Requirement under Bert J. Harris Act, Determining whether Lis Pendens Against Property is Appropriate Fair Nexus, Recovering Attorneys Fees Incurred on Partys Behalf, To Pierce Corporate Veil, there Needs to be Sufficient Findings of Improper Conduct, Timely Moving for Trial De Novo after Non-Binding Arbitration Award, Attorneys Fees do Not have to be Quantified in Proposal for Settlement, A Bad Deal does NOT Make It an Unlawful Deal, Dismissal of Complaint (Action under Floridas Public Whistleblower Act) for Failure to State Cause of Action, Duty Element of Negligence Did Defendants Conduct Foreseeably Create Broader Zone of Risk, Trier of Fact Determines Weight of the Evidence, Oops! A Misrepresentation is Not the Same as a Breach of Contract, Owner Jointly and Severally Liable for Nondelegable Duty, Corporation Administratively Dissolved for Failing to File Annual Report can Still Prosecute Action, Application of the Non-Party Fabre Defendant, Evidentiary Hearing when Lis Pendens NOT based on Duly Recorded Instrument, Mandatory or Permissive Forum Selection Provision, Limitation on Real Estate Brokers Procuring Cause Doctrine, The Declaration of Condominium Says what It Says, Employer cannot Retaliate against Employee for Workers Compensation Claim, Enforcement of Non-Compete and Non-Solicitation Provision, Absolute Immunity Protects Public Officials from Defamation, The Duty of Care Element in a Negligence Action is a Question of Law, Giving Rise to the Exception to Sovereign Immunity Against a Public Officer, Employee, or Agent, Deficient Jury Instruction could Amount to Reversible Error, How to Factor a Postoffer Settlement into a Proposal for Settlement Analysis, Refuting Affirmative Defenses in Motion for Summary Judgment. (954) 369-0776, 55 SE 2nd Avenue What about tort actions such as negligence actions in disputes involving personal injury or property damage? On the other hand, if there was an argument that there were separate theories of liability / claims against the other two defendants and potentially different elements of damages, the plaintiff would want to allocate the settlement consideration in the release agreement to these separate theories of liability / claims to create the argument that set-off is not appropriate. FLORIDA AFFIRMATIVE DEFENSES 2022 5 DEFENSES ARE PERMITTED IN CERTAIN 1-3 PLEADINGS AND MOTIONS and adequacy of the grounds of his claim, both in Personal Jurisdiction and Florida Courts Two-Prong Analysis, Yes, Lawsuits are an Inconvenience, but this does NOT Mean You get Inconvenience Damages, Evidentiary Hearing Warranted before Compelling Non-Signatories to Arbitration, Mutual Mistake or Unilateral Mistake in Contract, Employees Premise Liability Claim Barred by Disclaimer / Release in Employment Agreement, Comparative Fault Applies when Substance of the Action is Sounded in Negligence, Work Product Document and Withholding of Documents Based on Doctrine, Nature of Disclosure under Floridas Public Whistleblower Act, Declaratory Relief in Insurance Coverage Dispute, Statute of Limitations Accrual for Breach of Contract, Enforce Settlement Agreement OR Breach of Settlement Agreement, Objecting and/or Refusing to Participate in Employers Activity in Violation of a Law, Rule, or Regulation under Floridas Whistleblower Act, Quick Note: Obtaining a Default Final Judgment, Appealing a Protective Order that Precludes You from Deposing Material Witness, Tortious Interference with Business Relationship and Two Defense Privileges, Possible or Speculative Events do Not Give Rise to Fraudulent Nondisclosure, Prevailing Party in Civil Action Entitled to Recover Costs, Properly Exercising the Right of First Refusal, Reasonable Attorneys Fees Expert when Attorneys Fees are the Damages, Prejudgment Interest for Economic Damages is Predicated on the Loss Theory, Take Advantage of Video Conference Consultations with an Attorney. Trust Invs., N.A. Fraud. We're currently offline. 2d 880, 882 (Fla. 4th DCA 2005) ("[A] material breach of the agreement allows the . You should consult with a knowledgeable Florida consumerattorney who is experienced in defending debt collection lawsuits. Click the icon above to call Gulisano Law now for a free consultation. A contract that violates provisions of the law cannot be enforced in court. 3d 955, 960 (Fla. 5th DCA 2015) (emphasis added). A condition under which one party would be entitled to sue another. Click here for a more detailed description of how I, asan experienced Florida debt attorney, can defend your debt collection lawsuit. Consequently, if the time has expired, the pursuing party cannot file a lawsuit as the time for such actions has expired and thus, the claim will be barred. How Long will my Divorce Case in Stuart, Florida take? . In some cases, these affirmative defenses can also allow you to bring a counterclaim against the debt collector or its attorneys. On this point, Florida Statutes s. 46.015 and 768.041 similarly state: (1) A written covenant not to sue or release of a person who is or may be jointly and severally liable with other persons for a claim shall not release or discharge the liability of any other person who may be liable for the balance of such claim. Bd. The First District Court of Appeals in Qadir, discussing unclean hands and rejecting the defense, explained that a defendant simply proving the bad conduct is not enough. Examples of other potential affirmative defenses are: There are also many other affirmative defenses, depending on the type of case. Delray Beach 33444 The impossibility of performance means that the defending party is unable to perform according to the provisions of the contract due to an unforeseen incident. Please contact David Adelstein at [emailprotected] or (954) 361-4720 if you have questions or would like more information regarding this article. An affirmative defense is one of the most common types of defenses against a breach-of-contract claim. Section 600 Substantive Instructions General An affirmative defense can help you win your lawsuit, even if what the plaintiff says is true. Personal Jurisdiction and Florida Courts Two-Prong Analysis, Yes, Lawsuits are an Inconvenience, but this does NOT Mean You get Inconvenience Damages, Evidentiary Hearing Warranted before Compelling Non-Signatories to Arbitration, Mutual Mistake or Unilateral Mistake in Contract, Employees Premise Liability Claim Barred by Disclaimer / Release in Employment Agreement, Comparative Fault Applies when Substance of the Action is Sounded in Negligence, Work Product Document and Withholding of Documents Based on Doctrine, Nature of Disclosure under Floridas Public Whistleblower Act, Declaratory Relief in Insurance Coverage Dispute, Statute of Limitations Accrual for Breach of Contract, Enforce Settlement Agreement OR Breach of Settlement Agreement, Objecting and/or Refusing to Participate in Employers Activity in Violation of a Law, Rule, or Regulation under Floridas Whistleblower Act, Quick Note: Obtaining a Default Final Judgment, Appealing a Protective Order that Precludes You from Deposing Material Witness, Tortious Interference with Business Relationship and Two Defense Privileges, Possible or Speculative Events do Not Give Rise to Fraudulent Nondisclosure, Prevailing Party in Civil Action Entitled to Recover Costs, Properly Exercising the Right of First Refusal, Reasonable Attorneys Fees Expert when Attorneys Fees are the Damages, Prejudgment Interest for Economic Damages is Predicated on the Loss Theory, Take Advantage of Video Conference Consultations with an Attorney. In Florida, the prosecution of a residential mortgage foreclosure action must be by the owner and holder of the . Unilateral and mutual mistake. See Focus Mgmt. As a general rule, time is considered to be of the essence where an agreement specifies, or where such may be determined from the nature of the subject matter of the contract, or where treating time as nonessential would produce a hardship, or where notice has been given to the defaulting party requiring that the contract be performed within a stated time, which must be a reasonable time according to the circumstances. Sublime, Inc. v. Boardmans Inc., 849 So. Breach of Third-Party Beneficiary Contract, Breach: 05. See e.g., Richland Towers, Inc. v. Denton, LLC, 139 So. There are defenses to contract that arise at the time the contract is formed and other defenses that may arise after the contract is formed and can be raised to avoid contractual obligation such as change of circumstances which render performance impracticable. . Model Form of Verdict for Affirmative DefenseMutual Mistake of Fact, Form 416.28. a claim of breach of contract. Model Form of Verdict for Breach of Implied Covenant of Good Faith and Fair Dealing, Form 416.25. Please contact David Adelstein at [emailprotected] or (954) 361-4720 if you have questions or would like more information regarding this article. With respect to mistake as an affirmative defense, the Restatement of contracts states that where a mistake of both parties at the time a contract was made as to a basic assumption on which the contract as made has a material effect on the agreed exchange of performances, the contract is voidable by the adversely affected party unless he bears the risk of the mistake. Often a plaintiff is required to make the claim within a specific time after . Company A and Company B were parties to a contract for Company B to provide 25 classic automo-biles. A natural person has the capacity to contract on the day he or she turns eighteen and thus, becomes an adult in the eyes of the law. The Florida Litigation Guide Provides Everything A Lawyer Needs To Know AboutBreach: 07. Under Florida law, duress is a condition of the mind produced by an improper external pressure or influence that destroys the free agency of a party and causes him to do an act or make a contract not of his own volition. See e.g., Edwards Waters College, Inc. v. Johnson, 707 So. Section 700 Closing Instructions This action is barred to the extent Plaintiff seeks recovery for time that is not compensable time, i.e. Extra-Contractual Damages cannot be Recovered against Property Insurer Absent Bad Faith Claim, In Ruling on Motion to Compel Arbitration, Trial Court Must Determine whether Parties Bound by Arbitration Provision, Recording Documents in Public Records to put Others on Constructive Notice, Proposals for Settlement and Dismissals WITHOUT PREJUDICE, Just because You Recovered an Affirmative Judgment does NOT Mean you Are the Prevailing Party for Purposes of Attorneys Fees, PLEAD SUFFICIENT ALLEGATIONS SUPPORTING PERSONAL JURISDICTION, Pleading the 5th Amendment Right Against Self Incrimination in a Civil Dispute, Owner can Testify as to the Value of His Property, Piercing the Corporate Veil is NO Easy Feat, 3-Step Process to Determine Production of Document under Trade Secret Privilege, Loss of Future Earning Capacity Damages Must be Proven with Reasonable Degree of Certainty, Declaration Cannot Take Away Common Elements in a Condominium, Properly Alleging a Trade Secret Misappropriation Claim under Florida Law.

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