Horizon/Cms Healthcare Corp. v. Southern Oaks Health Care, Inc

732 So.2d 1156 (1999)

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Nature of the Case

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Facts

D, a provider of nursing home facilities and management for them wanted to expand into Osceola County. P owned a facility in that county, and it held a Certificate of Need issued by the state for a new 120-bed facility in Kissimmee. P and D decided for form a partnership to own the proposed Kissimmee facility. D would manage P’s current facility and the new one as well. P and D entered into several partnership and management contracts in 1993. In 1996, P sued D for alleged breaches and defaults related to those agreements. Both the trial court and the jury found that D had breached several management contracts. The court ordered the partnerships dissolved as it found that the parties were incapable of continuing to operate in business together. It also found that because it was being dissolved, there was no entitlement to future damages. Both parties appealed. P contends in its cross-appeal that because D unilaterally and wrongfully sought dissolution, it was entitled to future damages.