Bremel v. Quedas, Inc.

Defendants were found liable for breach of contract and violation of the Uniform Fraudulent Transfer Act in connection with a failed real estate contract and the trial court entered an award in the amount of earnest money that the plaintiff had paid pursuant to the contract. The trial court denied plaintiff’s request for damages due to lost profits, punitive damages, and specific performance and plaintiff appealed, arguing that the trial court erred in failing to award these damages. The appellate court affirmed in part and reversed in part, finding that the trial court erred in finding that punitive damages were not available under the UFTA claims but that the trial court properly denied damages based on lost profits as plaintiff failed to establish such damages with reasonable certainty. The appellate court remanded for calculation of new damages consistent with the opinion. (VAN TINE and D.B. WALKER, concurring and specially concurring)