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BLITSTEIN v. INTERVISA CORP., ON BEHALF OF BONEFISH YACHT CLUB, LTD.

No. 88-785.

545 So.2d 308 (1989)

J. Frederick BLITSTEIN and Blitstein Investments, Inc., Appellants, v. INTERVISA CORPORATION, Trustee On Behalf of BONEFISH YACHT CLUB, LTD., and Intervisa Corporation, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 5, 1989.

Attorney(s) appearing for the Case

Fine, Jacobson, Schwartz, Nash, Block & England and Gary S. Brooks and Jorge L. Guerra, Miami, for appellants.

Steven E.M. Hartz, Miami, for appellees.

Before SCHWARTZ, C.J., BARKDULL, J., and JAMES C. DAUKSCH, Jr., Associate Judge.

PER CURIAM.

It is well settled that one may not simultaneously repudiate a contract for conducting a business venture — here, by recovering compensatory damages in the amount of the sum invested and punitive damages based on fraudulent inducement — and also secure the recovery of lost profits which presupposes the continued existence of the agreement. Noord v. Katz, 481 So.2d 1228 (Fla. 5th DCA 1985); Deemer...

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