Sky Aviation Holdings, LLC v. Aviation Unlimited

Summary

The Florida Fourth District Court of Appeal held that an aircraft sale contract’s limitation of the buyer’s remedies to reimbursement of inspection costs was enforceable and not illusory. The court reversed the circuit court’s partial summary judgment for the buyer and directed entry of summary judgment for the seller, subject to payment of inspection costs and return of the buyer’s deposit. The court affirmed the order vacating the jury’s lost-profits verdict and ordering a new trial based on discovery violations.

Holdings

1. The remedy limitation was not illusory because the contract imposed genuine obligations on both parties and reasonably limited the buyer's remedy to reimbursement of inspection costs.
2. The order vacating the jury's lost-profits verdict and ordering a new trial on damages was affirmed.

Questions Presented

1. Whether the contract's provision limiting the buyer's remedies for the seller's default to reimbursement of inspection costs was illusory and unenforceable.
2. Whether the circuit court properly vacated the jury's lost-profits verdict and ordered a new trial based on the buyer's counsel's discovery violations.

Disposition

reversed_and_remanded