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ITD Industries, Inc. v. Business Resource Group, Inc.
Citations: 779 So. 2d 532; 2000 WL 1838369Docket: 2D99-4546
Court: District Court of Appeal of Florida; December 14, 2000; Florida; State Appellate Court
ITD Industries, Inc. and Joseph J. O'Brien appeal a jury verdict holding them jointly and severally liable for breaching a broker's engagement agreement with Business Resource Group, Inc. The case arose after O'Brien, as chairman and CEO of ITD, signed an agreement with the Broker to locate a buyer for the company, but did not clarify whether his signature was in his corporate or individual capacity. After the company was sold for over $12 million, the Broker sought payment of its fee when it was not received. During the trial, conflicting evidence emerged regarding O'Brien's capacity when signing the agreement. The parties jointly requested jury instructions and a verdict form that would require a determination of O'Brien's individual liability, but the trial court rejected this request, asserting that O'Brien was individually liable without allowing the jury to decide. The appellate court found that the trial court abused its discretion by denying the joint request and removing a factual issue from jury consideration. While it affirmed the award of $563,684.80 to the Broker and the finding of liability against ITD, it reversed the individual liability ruling against O'Brien and mandated that the issue of his individual liability be retried. The judgment was affirmed in all other respects.