- "Oops! Cruise-Ship Buyer Gets Another Chance to Snag Dramatically Discounted Diamond" A man who bought a $5 million diamond for about $230,000 from a cruise-ship jeweler will get another chance to argue a deal’s a deal.
- February 15, 2018 | Authors: Mario M. Ruiz; Robert A. Cohen
- Law Firm: McDonald Hopkins LLC - Miami Office
In a 2-1 split, Florida’s Third District Court of Appeal on Wednesday ordered a new trial because jurors were improperly instructed when they ruled against shopper Thomas DePrince in 2016. The jury found Starboard Cruise Services was allowed to take back the sale because it made a unilateral mistake and was fraudulently induced by DePrince.
Third DCA Judges Robert Luck and Barbara Lagoa ruled the trial court should have entered a directed verdict in DePrince’s favor on the fraudulent-inducement issue and remanded for a new trial on the unilateral-mistake defense.
The two-judge majority found the trial court ignored a previous appellate opinion that outlined the proper jury instructions, while the dissenter, Judge Edwin Scales, said the majority was having trouble differentiating between holdings and “nonessential, ancillary, gratuitous language.”...