BOCA DEVELOPERS, INC. v. FINE DECORATORS, INC.

No. 4D02-4869.

862 So.2d 803 (2003)

BOCA DEVELOPERS, INC., Boca Golf View Developers, Inc., Boca Golf View, Ltd., and Boca Marina, Ltd., Appellants, v. FINE DECORATORS, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 26, 2004.


Attorney(s) appearing for the Case

John H. Pelzer and Kimberly S. Rogers of Ruden, McClosky, Smith, Schuster & Russell, P.A., Ft. Lauderdale, for appellants.

Lee Milich of Lee Milich, P.A., Ft. Lauderdale, for appellee.


KLEIN, J.

Fine Decorators contracted to furnish several new model apartments built by the appellant developers, some of which were on a consignment basis. In this lawsuit Fine claimed that the developers breached the contract and obtained a jury verdict awarding lost profits. We reverse for a new trial because the trial court failed to define "consignment" to the jury and also because the award of lost profits failed to consider overhead.

The contract included...

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