Yaniv Nakash, etc. v. Covenant Palms ULGM, LLC

• Court: District Court of Appeal of Florida
• Decided: May 1, 2024
• Docket: 2023-1656
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed May 1, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-1656 Lower Tribunal No. 18-37356 ________________

Yaniv Nakash, etc., et al., Appellants,

vs.

Covenant Palms ULGM, LLC, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, William Thomas, Judge.

Assouline & Berlowe, P.A., and Kevin D. Klagge, for appellants.

Marva L. Wiley, for appellee.

Before SCALES, MILLER, and LOBREE, JJ.

PER CURIAM. Appellants, the defendants below, Yaniv Nakash1 and Michael

Herskowitz appeal the trial court’s July 21, 2023 final judgment awarding

appellee, the plaintiff below, Covenant Palms ULGM, LLC (“Covenant

Palms”) a joint and several $1 million judgment against appellants. The

principal issue disputed at trial was whether the parties had entered into an

enforceable, binding contract for the purchase and sale of real property

located in Miami, Florida.

After conducting a bench trial, the trial court entered detailed findings

of fact, finding, inter alia, that the parties had entered into an enforceable,

written purchase agreement, and that the buyer, Nakash, had breached the

contract. The trial court further found that Herskowitz, who served as the

escrow agent for the transaction, had breached his fiduciary duty owed to

Covenant Palms by releasing the $1 million escrow deposit to Nakash.

Each of the trial court’s factual findings are supported by competent,

substantial evidence, and our de novo review of the trial court’s legal

determinations regarding the contract reveal no error. See Evans v. Diaz,

365 So. 3d 1176, 1178 (Fla. 4th DCA 2023) (“[I]ssues of contract

interpretation and formation are reviewed de novo, while factual findings are

1 As trustee of the Nakash Family Land Trust.

2 reviewed for competent, substantial evidence.”). Accordingly, we affirm the

July 21, 2023 final judgment.

Affirmed.