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Sale of residence in a proprty damage case

Michelle M. Krone

Thu, Jul 18, 2013 5:37 PM

Good Afternoon,

I have a case where a fire loss occurred and the measure of damages will be repair and/or diminution whichever is less. The property was only rebuilt to a vanilla box, not to pre-fire condition, and then sold. Does anyone know what the effect is, if anything, of the sale of the house on damages. I have a few thoughts that I am seeking comment on:

repair is no longer a practical measure of damages because it was sold and full repairs were not made;
Because of the sale, is the diminution now measured by the difference in the market value at the time and the sale or does it remain the difference between the mkt value before the loss and the market value after the loss (essentially the land and utilities in this case);
is there a set off for the sale of the residence in either or both cases, whether the award is for repair or diminution?

Thank you

[cid:edd675.png@6a4cf01e.4e8dcaad]http://www.kubickidraper.com

Michelle M. Kronehttp://www.kubickidraper.com/staff_detail11.php?MemberID=33
Shareholder
Board Certified Construction Lawyer
Direct (239) 461-8103
Fax (239) 939-0700
mmk@kubickidraper.com mailto:mmk@kubickidraper.com

13350 Metro Parkway Suite 401http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=13350%20Metro%20Parkway%20Suite%20401+Fort%20Myers,+Florida+33966
Fort Myers, Florida 33966http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=13350%20Metro%20Parkway%20Suite%20401+Fort%20Myers,+Florida+33966

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Good Afternoon, I have a case where a fire loss occurred and the measure of damages will be repair and/or diminution whichever is less. The property was only rebuilt to a vanilla box, not to pre-fire condition, and then sold. Does anyone know what the effect is, if anything, of the sale of the house on damages. I have a few thoughts that I am seeking comment on: 1) repair is no longer a practical measure of damages because it was sold and full repairs were not made; 2) Because of the sale, is the diminution now measured by the difference in the market value at the time and the sale or does it remain the difference between the mkt value before the loss and the market value after the loss (essentially the land and utilities in this case); 3) is there a set off for the sale of the residence in either or both cases, whether the award is for repair or diminution? Thank you [cid:edd675.png@6a4cf01e.4e8dcaad]<http://www.kubickidraper.com> Michelle M. Krone<http://www.kubickidraper.com/staff_detail11.php?MemberID=33> Shareholder Board Certified Construction Lawyer Direct (239) 461-8103 Fax (239) 939-0700 mmk@kubickidraper.com<mailto:mmk@kubickidraper.com> 13350 Metro Parkway Suite 401<http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=13350%20Metro%20Parkway%20Suite%20401+Fort%20Myers,+Florida+33966> Fort Myers, Florida 33966<http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=13350%20Metro%20Parkway%20Suite%20401+Fort%20Myers,+Florida+33966> -------------------------------------------------------------------------------------- Privileged and Confidential The information contained in this e-mail message is intended for the use of the individual or entity to which it is addressed and may contain information that is proprietary, privileged, confidential, and exempt from disclosure under applicable laws. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivery to the intended recipient, you are hereby notified that any use, printing, reproduction, disclosure or dissemination of this communication may be subject to legal restriction or sanction.

Raymond L. Robinson

Thu, Jul 18, 2013 6:18 PM

Michelle:

Here is the case the addresses the sale of the property during the litigation. Call me to discuss the other issues. Look forward to speaking with you.

Raymond L. Robinson, Esq.

[cid:image002.png@01CB0330.4CD28650]

Park Place II

1501 Venera Avenue,

Suite 300

Coral Gables, Florida 33146
Office: (305) 662-7618
Cell: (305) 632-4384
Fax: (305) 662-7617

[http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/E9FCC9C6B2384C36852574FA00690DDC/$FILE/ConstructionLaw.jpg?OpenElement]   [cid:image001.jpg@01CC7158.CF9B3D60]   [http://www.jbslawoffice.com/wp-content/uploads/2010/09/SuperLawyers_logo_2011.jpg]

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Connect with Robinson & Associates, P.A.

 [Description: facebook 4040] <http://www.facebook.com/pages/Robinson-Associates-PA/113822315326716?v=info>   [http://ahaa.org/img/linkedin-icon.png] <http://www.linkedin.com/pub/raymond-robinson/26/35b/a09>

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From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Michelle M. Krone
Sent: Thursday, July 18, 2013 1:37 PM
To: 'clc-discussion@lists.flabarrpptl.org'
Subject: [CLC-Discussion] Sale of residence in a proprty damage case

Good Afternoon,

repair is no longer a practical measure of damages because it was sold and full repairs were not made;
Because of the sale, is the diminution now measured by the difference in the market value at the time and the sale or does it remain the difference between the mkt value before the loss and the market value after the loss (essentially the land and utilities in this case);
is there a set off for the sale of the residence in either or both cases, whether the award is for repair or diminution?

Thank you

[cid:image008.png@01CE83C1.9FC7A0B0]http://www.kubickidraper.com

Michelle M. Kronehttp://www.kubickidraper.com/staff_detail11.php?MemberID=33

Shareholder

Board Certified Construction Lawyer

Direct (239) 461-8103

Fax (239) 939-0700

mmk@kubickidraper.com mailto:mmk@kubickidraper.com

13350 Metro Parkway Suite 401http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=13350%20Metro%20Parkway%20Suite%20401+Fort%20Myers,+Florida+33966

Fort Myers, Florida 33966http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=13350%20Metro%20Parkway%20Suite%20401+Fort%20Myers,+Florida+33966

Privileged and Confidential

The information contained in this e-mail message is intended for the use of the

individual or entity to which it is addressed and may contain information that is

proprietary, privileged, confidential, and exempt from disclosure under

applicable laws. If the reader of this message is not the intended recipient, or

the employee or agent responsible for delivery to the intended recipient, you are

hereby notified that any use, printing, reproduction, disclosure or dissemination

of this communication may be subject to legal restriction or sanction.

Michelle: Here is the case the addresses the sale of the property during the litigation. Call me to discuss the other issues. Look forward to speaking with you. Raymond L. Robinson, Esq. [cid:image002.png@01CB0330.4CD28650] Park Place II 1501 Venera Avenue, Suite 300 Coral Gables, Florida 33146 Office: (305) 662-7618 Cell: (305) 632-4384 Fax: (305) 662-7617 [http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/E9FCC9C6B2384C36852574FA00690DDC/$FILE/ConstructionLaw.jpg?OpenElement] [cid:image001.jpg@01CC7158.CF9B3D60] [http://www.jbslawoffice.com/wp-content/uploads/2010/09/SuperLawyers_logo_2011.jpg] * CONFIDENTIALITY NOTICE: This e-mail message, including attachments, if any, is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, destroy all copies of the original message, and do not disseminate it further. If you are the intended recipient but do not wish to receive communications through this medium, please advise the sender immediately. Connect with Robinson & Associates, P.A. [Description: facebook 4040] <http://www.facebook.com/pages/Robinson-Associates-PA/113822315326716?v=info> [http://ahaa.org/img/linkedin-icon.png] <http://www.linkedin.com/pub/raymond-robinson/26/35b/a09> [qrcode.1344014[1]] From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Michelle M. Krone Sent: Thursday, July 18, 2013 1:37 PM To: 'clc-discussion@lists.flabarrpptl.org' Subject: [CLC-Discussion] Sale of residence in a proprty damage case Good Afternoon, I have a case where a fire loss occurred and the measure of damages will be repair and/or diminution whichever is less. The property was only rebuilt to a vanilla box, not to pre-fire condition, and then sold. Does anyone know what the effect is, if anything, of the sale of the house on damages. I have a few thoughts that I am seeking comment on: 1) repair is no longer a practical measure of damages because it was sold and full repairs were not made; 2) Because of the sale, is the diminution now measured by the difference in the market value at the time and the sale or does it remain the difference between the mkt value before the loss and the market value after the loss (essentially the land and utilities in this case); 3) is there a set off for the sale of the residence in either or both cases, whether the award is for repair or diminution? Thank you [cid:image008.png@01CE83C1.9FC7A0B0]<http://www.kubickidraper.com> Michelle M. Krone<http://www.kubickidraper.com/staff_detail11.php?MemberID=33> Shareholder Board Certified Construction Lawyer Direct (239) 461-8103 Fax (239) 939-0700 mmk@kubickidraper.com<mailto:mmk@kubickidraper.com> 13350 Metro Parkway Suite 401<http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=13350%20Metro%20Parkway%20Suite%20401+Fort%20Myers,+Florida+33966> Fort Myers, Florida 33966<http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=13350%20Metro%20Parkway%20Suite%20401+Fort%20Myers,+Florida+33966> -------------------------------------------------------------------------------------- Privileged and Confidential The information contained in this e-mail message is intended for the use of the individual or entity to which it is addressed and may contain information that is proprietary, privileged, confidential, and exempt from disclosure under applicable laws. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivery to the intended recipient, you are hereby notified that any use, printing, reproduction, disclosure or dissemination of this communication may be subject to legal restriction or sanction.