Jojo's Clubhouse, Inc. v. DBR Asset Management, Inc.
Docket: 4D03-341
Court: District Court of Appeal of Florida; November 25, 2003; Florida; State Appellate Court
JoJo's Clubhouse, Inc. appeals a final judgment related to a breach of lease agreement, where it was awarded $27,459.86 but faced a $29,342.94 set-off, resulting in no net recovery. The appellate court affirms the damage award but reverses the trial court's set-off ruling. The court finds sufficient grounds for the trial court's dismissal of DBR Asset Management, Inc.'s inflated valuation of the destroyed restaurant. However, it agrees with JoJo's that the set-off, based on an attorney's fee judgment from a related federal civil rights case, was improperly granted. DBR's claim for set-off was not raised until after the verdict, despite being established prior to trial, leading to its classification as an affirmative defense that was waived. Consequently, the decision is affirmed in part and reversed in part, with the case remanded for further proceedings. Judges Shahood and Geiger concur in the decision.