Band v. Libby
113 So. 3d 113
| Fla. Dist. Ct. App. | 2013Background
- Libby parties invested in the luxury project on St. John; Band managed the development through Bay Isles Associates, LLLP.
- Libby signed conflict waivers and received partnership documents from Abel Band during project negotiations.
- Libby refused further capital contributions; accordingly, Libby forfeited initial and subsequent investments totaling over $1 million.
- Libby filed suit alleging legal malpractice, constructive fraud, and breach of fiduciary duty/undue influence; Abel Band settled, leaving Band as sole defendant.
- Jury verdict: Band prevailed on constructive fraud; Libby prevailed on breach of fiduciary duty but waived the claim, yielding no damages.
- Trial court held waiver could not be asserted for breach of fiduciary duty and granted Libby a new trial on damages; appellate court reverses that portion and remands.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether waiver can bar a breach of fiduciary duty claim | Band entitled to waiver instruction | Libby contends waiver not applicable to damages | Waiver may bar fiduciary-duty claims; instruction proper; trial court erred |
| Whether the Libby damages new trial was proper | Band supported by waiver findings arguing no new trial on damages | Libby argues new trial on damages warranted | Reversed; no new trial on damages; remand for manifest-weight determination |
Key Cases Cited
- Ruggio v. Vining, 755 So.2d 792 (Fla. 2d DCA 2000) (rights may be waived by conduct)
- Torres v. K-Site 500 Assocs., 632 So.2d 110 (Fla. 3d DCA 1994) (waiver as an affirmative defense reasonable alignment of issues)
- Keyes Co. v. Shea, 372 So.2d 493 (Fla. 4th DCA 1979) (entitled to jury instruction on waiver defense)