New Florida Properties Corp. v. Gene Contracting, Inc.
New Florida Properties Corp. v. Gene Contracting, Inc.
Opinion of the Court
New Florida Properties Corp. and New Florida International Corp. [collectively “New Florida”] appeal, and Gene Contracting, Inc. [GCI], cross-appeals a final judgment. We reverse the judgment as to the fraud claim and affirm the remaining portions.
New Florida entered into a demolition contract with GCI for removal of certain structures from New Florida’s property. After the work was completed, there was a dispute as to the payment of the contract balance and the interest totaling approximately $114,000. New Florida and GCI entered into an escrow agreement to set aside the unpaid balance of the contract from which an undetermined damage amount was to be deducted. Thereafter, New Florida paid GCI approximately $94,000 and deposited $20,000 in an escrow fund. At that time the parties were only aware of damage to the adjoining properties. Subsequently, the parties were unable to agree on the scope of the damages covered by the- escrow fund.
We agree with New Florida that the fraud judgment may not stand. Nothing in the record supports a conclusion that New Florida made an intentional misrepresentation to induce GCI to enter into the agreement in an effort not to pay GCI the contract balance. See Century Properties, Inc. v. Machtinger, 448 So.2d 570 (Fla. 2d DCA 1984)(no evidence that party intended to breach promise regarding billing at the time the contract was executed). Instead, the record belies any intent not to pay GCI: New Florida relinquished the contract balance to the escrow agent and could not regain any portion of the funds absent GCI’s agreement or prevailing in a
Affirmed, in part and reversed, in part.
. GCI contended that the escrow agreement only encompassed damage to adjoining properties. New Florida argued that the scope of the agreement contemplated any other damages that might arise.
. New Florida filed a counterclaim against GCI to recover damages for removal of the debris found buried on the site after GCI completed demolition. The jury rejected New Florida's claim.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.