Ac & Jl Holdings, Inc. v. Joseph Levy, Kevin Blaiweiss, Youda Development LLC, Suncoast Development Fl, Inc., Suncoast Development Fl, LLC, Kjl Development LLC, Cij, LLC, Newport Jl Investments, LLC

• Court: District Court of Appeal of Florida
• Decided: September 5, 2025
• Docket: 6D2024-0407
• Status: Published

Opinion

SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

Case No. 6D2024-0407 Lower Tribunal No. 22-CA-002831 _____________________________

AC & JL HOLDINGS, INC.,

Appellant,

v.

JOSEPH LEVY, KEVIN BLAIWEISS, YOUDA DEVELOPMENT, LLC, CIJ LLC, NEWPORT JL INVESTMENTS, LLC, and LEON BLAIWEISS, et al.,

Appellees. _____________________________

Appeal from the Circuit Court for Lee County. Alane Laboda, Judge.

September 5, 2025

MIZE, J.

Appellant, AC & JL Holdings, Inc. (“Appellant”), appeals a final judgment

entered following the trial court’s granting of summary judgment in favor of

Appellees Kevin Blaiweiss, Leon Blaiweiss, Youda Development LLC, Suncoast

Development FL, LLC, KJL Development LLC, and CIJ LLC (the “Blaiweiss

Defendants”), on Appellant’s claims for tortious interference with contract, tortious

interference with a business relationship, and aiding and abetting a breach of fiduciary duty. The trial court granted summary judgment on the grounds that: (1)

there was not sufficient evidence to establish a genuine dispute of fact regarding

whether the Blaiweiss Defendants induced Appellee Joseph Levy to breach a

contract or business relationship with Appellant; and (2) there was not sufficient

evidence to establish a genuine dispute of fact regarding whether the alleged breach

of a fiduciary duty by Appellee Joseph Levy was the proximate cause of damage to

Appellant.

“In determining whether a genuine dispute of material fact exists, the court

must view the evidence and draw all factual inferences therefrom in a light most

favorable to the non-moving party and must resolve any reasonable doubts in that

party’s favor.” Bensen v. Privilege Underwriters Reciprocal Exch., 401 So. 3d 390,

394 (Fla. 6th DCA 2023) (quoting Brevard Cnty. v. Waters Mark Dev. Enters., LC,

350 So. 3d 395, 399 (Fla. 5th DCA 2022)), review dismissed, No. SC2023-1141,

2024 WL 370046 (Fla. Jan. 31, 2024)). “Summary judgment should only be granted

where the record taken as a whole could not lead a rational trier of fact to find for

the nonmoving party.” Id. (quoting Waters Mark Dev., 350 So. 3d 398-99).

In this case, there was sufficient evidence before the trial court from which a

rational jury could have inferred that the Blaiweiss Defendants induced Appellee

Joseph Levy to breach a contract and business relationship with Appellant, and that

the breach of a fiduciary duty by Appellee Josephy Levy was the proximate cause

2 of damage to Appellant. Accordingly, we reverse the final judgment and the trial

court’s order granting summary judgment and remand this case for further

proceedings.

Appellant also appeals the trial court’s order granting the Appellees’ joint

motion to exclude expert testimony of David Cowheard. We affirm that ruling

without discussion.

AFFIRMED in part; REVERSED in part; and REMANDED for further

NARDELLA and WOZNIAK, JJ., concur.

Jeffrey R. Lam, of Armstrong Teasdale LLP, Coral Gables, for Appellant.

Jack J. Aiello, of Gunster, Yoakley & Stewart, P.A., West Palm Beach, and Michael T. Traficante, of Gunster, Yoakley & Steward, P.A., Naples, for Appellees, Kevin Blaiweiss, Youda Development LLC, CIJ LLC, and Leon Blaiweiss.

Mark H. Muller, of Mark H. Muller, P.A., Naples, for Appellees, Joseph Levy and Newport JL Investments, LLC.

No Appearance for Other Appellees.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED