Burman, Critton, Luttier & Coleman LLP News Release
FOR IMMEDIATE RELEASE
Plaintiff Trustees Win Trial on Breach of Contract Issues and Judge Denies Motion of Commercial Impracticability Due to Economic Downturn
West Palm Beach, FL – Palm Beach County Circuit Judge Jack S. Cox recently denied Jupiter Yacht Club Marina, Ltd. and Seasport Marine Services, Inc.’s claim for motion to dismiss and motion for involuntary dismissal with prejudice of a prior settlement agreement due to commercial impracticability and the unforeseen economic downturn and current market conditions.
After a trial on February 2, 2011, Burman, Critton, Luttier & Coleman partners Robert D. Critton, Jr. and Michael J. Pike obtained a $707,632.58 judgment in their client’s (trustees of the Mary June Rogers Trusts) favor.
The court found there was a material breach of the mediated settlement agreement against Jupiter Yacht Club Marina and Seasport Marine Services. The defense argued the current economic crisis was not foreseeable and that their obligation should be excused until circumstances have changed, plus a reasonable time afterwards.
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Burman, Critton, Luttier & Coleman, a West Palm Beach Litigation Firm, focuses on Commercial Litigation, Personal Injury, Wrongful Death, Medical Malpractice, Marital & Family Law, Insurance Bad Faith, Sexual Assault & Battery, RICO, Employment Law, and Legal Malpractice. The firm is headquartered at 303 Banyan Boulevard, Suite 400 and may be contacted at (561) 842-2820. Additional information about attorney’s Robert D. Critton, Michael J. Pike, and Burman, Critton, Luttier & Coleman, LLP may be obtained from the firm’s website at www.bclclaw.com.