Big Gates Records, LLC, and Algernod Lanier Washington, a/k/a Plies v. Bryan Stewart

Summary

The Florida Second District Court of Appeal reversed a final judgment for Bryan Stewart on breach of contract and FDUTPA claims arising from the cancellation of a scheduled performance by Plies. The court held that Stewart lacked standing because he was not a party to the relevant contract, lacked privity, and was not an intended third-party beneficiary. The court also concluded that the substantial-performance jury instruction was erroneous and that Stewart could not pursue a Florida FDUTPA claim for conduct occurring in Arkansas, while noting that the FDUTPA award was duplicative and unsupported.

Holdings

1. Stewart lacked standing to sue for breach of the Performance Agreement because he was not in privity with Big Gates Records or Plies, was not a party to the agreement, and was legally distinct from Empire Management.
2. The trial court erred by instructing the jury that Stewart could prevail by proving that he performed all or substantially all of the payment obligations because the contract required payment of a specified amount by a specified date.
3. Stewart could not pursue a FDUTPA claim in Florida because he was an Arkansas resident and the event triggering the claim—the failure to perform—occurred in Arkansas.
4. The FDUTPA damages award was unsupported by the record and duplicative of the contract damages.

Questions Presented

1. Whether Stewart had standing to assert a breach-of-contract claim when he was not a party to the Performance Agreement, did not personally pay for the performance, and was not the sole owner of Empire Management.
2. Whether the trial court improperly instructed the jury that Stewart could prevail by proving substantial performance of the contract's payment terms.
3. Whether Stewart could pursue a FDUTPA claim in Florida when he was an Arkansas resident and the alleged failure to perform occurred in Arkansas.
4. Whether the FDUTPA damages award was unsupported by evidence and duplicative of the contract damages.

Disposition

reversed_and_remanded