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Firm Wins Appeal in federal court of appeals on Breach of Contract Claim

December 2009

The Firm’s attorneys won an appeal before the United States Court of Appeals for the Eleventh Circuit of the firm’s client’s claim for breach of contract. Before the appeal, the United States District Court granted summary judgment on the client’s breach of contract claim, which essentially dismissed the client’s claims and prevented the client from a trial. The basis for the suit was that the client sought to recover one half of profits from the defendant after the client paid one half of capital contributions and expenses for the defendant to be a partner in a real estate venture in Baldwin County, Alabama. In exchange for the client agreeing to pay one half of such expenses, the defendant agreed to pay one half of the profits from the venture to the client. After the defendant received distributions exceeding seven figures and did not pay one half of those amounts to the client, the firm brought suit on the breach of contract claim. While in the Eleventh Circuit, the appellate court ordered oral argument from the parties. It was an honor for the firm to argue the appeal orally, as most appeals do not result in oral argument of the parties. After winning the appeal, the client was able to have a jury decide his claim for breach of contract, which resulted in a favorable verdict.

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