Storage container company lures another away from potential purchaser: Tortious interference with contract: Verdict

Law Reporter, May 2004

Nuko Holdings I, LLC v. Mobile-Mini, Inc., Fla., 13th Jud. Cir. Ct., No. 00-3500, Dec. 19, 2003.

Nuko Holdings (Nuko) entered into a contract to purchase A-1 Trailers, a portable storage container company. As Nuko performed due diligence and the date set for closing the sale approached, A-1 refused to provide financial information and access to the premises. As a result, Nuko could not obtain financing for the transaction. Nuko suffered lost profits. Approximately six weeks after the closing date, Nuko discovered that Mobile-Mini, Inc., a national portable storage company, had purchased A-1 Trailers.

Nuko sued A-1 Trailers and Mobile-Mini, alleging tortious interference with contract. Defendants denied interfering with the contract, and argued in the alternative that any interference was not the proximate cause of plaintiff's losses because plaintiff lacked the funds to close the sale.

Plaintiff settled with A-1 Trailers before trial for a confidential sum. Suit went forward against Mobile-Mini. A jury awarded $7.5 million. Defendant appealed. A Florida appellate court per curiam affirmed the trial court's award.

Plaintiff's economics expert was Hartley Mellish, Tampa, Fla.

Plaintiff's Counsel

*John A. Guyton III, Tampa, Fla.

Richard B. Simring, Miami, Fla.