Goodman-Gable-Gould Co. v. Tiara Condo. Ass'n, No. 07-15164
In an action by an insurance adjuster based on a condominium association's failure to pay its adjuster's fee, judgment for plaintiff is affirmed where: 1) defendant-counterclaimant did not disclose its fraud theory of recovery prior to trial and thus could not introduce evidence supporting it; and 2) no damages were proven on defendant's remaining counterclaim.
Filed January 27, 2010
Opinion by Judge Tjoflat