NOR-TECH POWERBOATS, INC. v. H.P.B.C., INC.

No. 2D02-1461.

855 So.2d 103 (2003)

NOR-TECH POWERBOATS, INC., a Florida corporation, and Borre Andersen, Appellants, v. H.P.B.C., INCORPORATED, a Florida corporation, Trond Schou, and Nils Johnsen, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 2, 2003.


Attorney(s) appearing for the Case

Stephen M. Maher, Fort Myers, for Appellants.

Michael C. Tice, Fort Myers, for Appellees.


SILBERMAN, Judge.

Nor-Tech Powerboats, Inc., and Borre Andersen (jointly referred to as the "Dealer"), appeal from the order granting a new trial to H.P.B.C., Inc., Trond Schou, and Nils Johnsen (jointly referred to as the "Manufacturer"). The Dealer argues that the trial court erred in finding that it pursued a new theory of recovery at trial that unfairly prejudiced the Manufacturer. We agree and reverse.

The Dealer sued the Manufacturer for various claims...

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