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Hibiscus Associates Ltd., a Florida Partnership Gerald M. Wochna Joyce Wochna Thomas A. Head Rita B. Head the Hibiscus Development, Inc., Plaintiffs-Counterclaim v. Board of Trustees of the Policemen and Firemen Retirement System of the City of Detroit, Defendant-Counterclaim Hibiscus Associates Ltd., a Florida Partnership Gerald M. Wochna Joyce Wochna Thomas A. Head Rita B. Head the Hibiscus Development, Inc., Plaintiffs-Counterclaim v. Board of Trustees of the Policemen and Firemen Retirement System of the City of Detroit, Defendant-Counterclaim

Citations: 50 F.3d 908; 1995 U.S. App. LEXIS 9027Docket: 92-2387

Court: Court of Appeals for the Eleventh Circuit; April 20, 1995; Federal Appellate Court

Narrative Opinion Summary

This case revolves around a $10.6 million loan agreement involving a retirement system board and a development group for a shopping center project. The core issues include compliance with loan terms, conversion of a construction loan to a permanent loan, and the validity of a loan modification agreement. The plaintiffs sought declaratory relief and specific performance, while the defendant counterclaimed for RICO violations, breach of contract, and fraudulent inducement. The initial trial resulted in a jury verdict favoring the defendant, but the district court limited the recovery and granted a new trial on certain issues. The appellate court reinstated the first jury's verdict, ruling that the district court erred in its rescission analysis and its decision to grant a new trial. The court affirmed the exclusion of expert testimony and the directed verdict on RICO claims, which lacked sufficient evidence. Final judgments were entered against the plaintiffs with specific financial liabilities. Attorney's fees were awarded to both parties under different legal grounds. The appellate decision affirmed in part and reversed in part, remanding for further proceedings consistent with its findings.

Legal Issues Addressed

Attorney's Fees under Florida RICO Statute

Application: The district court awarded attorney's fees to plaintiffs as prevailing parties under Florida RICO statutes, a decision not contested on appeal.

Reasoning: The calculation of fee awards was referred to arbitration, and the district court adopted the magistrate judge's recommendation.

Conversion of Construction Loan to Permanent Loan

Application: The court determined that the conversion of the loan to permanent status was completed based on the substantial completion of the building shell, despite the absence of a specific 'unconditional certificate of occupancy.'

Reasoning: The Loan Agreement's language suggested that the conversion could occur upon substantial completion of the shell...

Directed Verdict Standards

Application: The court upheld the directed verdict against the Pension Fund's RICO claims, finding insufficient evidence of fraudulent activity by the Guarantors.

Reasoning: The Fund did not present any evidence to contradict this testimony or to demonstrate that the budget for tenant improvements was intended to cover the full costs.

Exclusion of Expert Testimony

Application: The court found the district court did not abuse its discretion in excluding Dowling's testimony as it was deemed cumulative and unnecessary.

Reasoning: Consequently, the decision to exclude Dowling's testimony was upheld, and the request to reopen the case to admit this testimony was also denied as it did not demonstrate an abuse of discretion.

Rescission of Contract under Florida Law

Application: The appellate court held that the district court erred in granting JNOV on the rescission issue, as rescission is permissible for substantial breaches that undermine the contract's purpose.

Reasoning: Florida law, as referenced in the Steakhouse case, supports rescission for significant breaches that undermine the contract's purpose.