final until disposition of timely filed motion for rehearing.
Appeal from the Circuit Court for Miami-Dade County No.
06-26218, Migna Sanchez-Llorens, Judge.
Billbrough & Marks and Geoffrey B. Marks, for appellant.
J. Morburger; John C. Mullin, Jr., for appellee.
LAGOA, EMAS and SCALES, JJ.
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,  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.
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.
written contract between the parties provides in pertinent
service contract is entered by Merco Group (Client)
and/or its successors . . . and General Computer
Services Inc. (GCS) . . . .
- GCS will offer the following products and/or
1) GCS will provide one computer system and the Becruising
System software for each unit subscribing to our Becruising
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.
The Client will commit itself to the following
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 ...