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Merco Group At Akoya, Inc. v. General Computer Services, Inc.

Florida Court of Appeals, Third District

November 29, 2017

Merco Group at Akoya, Inc., Appellant,
v.
General Computer Services, Inc., Appellee.

         Not final until disposition of timely filed motion for rehearing.

         An Appeal from the Circuit Court for Miami-Dade County No. 06-26218, Migna Sanchez-Llorens, Judge.

          Billbrough & Marks and Geoffrey B. Marks, for appellant.

          Arthur J. Morburger; John C. Mullin, Jr., for appellee.

          Before LAGOA, EMAS and SCALES, JJ.

          EMAS, J.

         INTRODUCTION

         Merco Group at Akoya, Inc. (Merco Group), the defendant below, appeals from a final judgment in favor of plaintiff, General Computer Services (GCS), following a jury trial on damages only, [1] on GCS's claim for breach of contract. We reverse and remand for a new trial, because the trial court's construction of the terms of the underlying contract resulted in erroneous evidentiary rulings and prevented the jury from considering relevant evidence on the issue of damages.

         FACTS AND BACKGROUND

         The Akoya is a high-rise residential condominium that was completed in 2005. Merco Group at Akoya was the developer of the project. In 2003, GCS met with Merco Group and advised that it had a computer system which would increase the value of the Akoya property. The computer system would provide internet cabling and software to allow communication between the condominium units, front desk, valet parking, and other areas outside the building (such as doctors, dry cleaners, cafeterias and other services). GCS's computer system was called the BeCruising System. In September 2003, the parties entered into a contract.

         The written contract between the parties provides in pertinent part:

         Contract

         This service contract is entered by Merco Group (Client) and/or its successors . . . and General Computer Services Inc. (GCS) . . . .

         I - GCS will offer the following products and/or services:

1) GCS will provide one computer system and the Becruising System software for each unit subscribing to our Becruising System.
2) GCS will provide additional hardware required for the Becruising System (i.e. System Components for Concierge service and Valet Parking services). These two systems total $3000.00. Paid for by the Client and/or its successors.
3) GCS will provide two printers required for the Concierge service and Valet Parking services as a courtesy, at no cost to the Client and/or its successors.

         II- The Client will commit itself to the following points:

1) The Client and/or its successors will commit, thru its own sales force and within its main showroom, to illustrate and sell Becruising System to all owners ...

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