Senior Law Clerk
In Vuletic Group LLC v. Malkin, 50 Fla. L. Weekly D1546 (Fla. 4th DCA 2025), the Fourth District Court of Appeal issued a stark warning: even if you prove liability and get a trial award, you can lose it all if your damages are calculated improperly.
The case involved a breach of contract and defective construction claim against a builder. The homeowners won big at trial — over $414,000 in damages, plus prejudgment interest, for an award amount nearing $500,000. But there was a fatal flaw: the damages were calculated using a valuation date of September 7, 2022, even though the breach occurred nearly three years earlier on November 25, 2019, when the homeowners terminated the construction agreement.
On appeal, the Fourth DCA reversed the award. While it acknowledged the harsh result, the court emphasized that damages must be calculated from the date of breach, not the date of trial or a later date arbitrarily chosen. Because the homeowners failed to prove damages consistent with that required date, the court directed judgment in favor of the builder.
Citing Bandklayder Development, LLC. v. Sabga, 406 So. 3d. 265, 267 (Fla. 3d DCA 2025), the court acknowledged the harsh result but noted that “failure to prove that which the law clearly requires” will defeat an otherwise meritorious claim.
Takeaway: Trial wins are not bulletproof. If damages aren’t calculated correctly — especially as to when they accrue — a favorable verdict can vanish on appeal. Litigators must align damage models with established legal benchmarks, or risk turning a win into a wipeout.
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