Kakawi Yachting, Inc. v. Marlow Marine Sales, Inc., et al.

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 14-15526
________________________
D.C. Docket No. 8:13-cv-01408-TBM
KAKAWI YACHTING, INC.,
Plaintiff - Counter Defendant - Appellant,
versus
MARLOW MARINE SALES, INC.,
MARLOW MARINE SERVICE, INC.,
MARLOW-MERRILL-STEVENS, LLC,
DAVID MARLOW,
MICHAEL CANNOVA,
MARLOW YACHTS, LTD,
MARLOW YACHTS LTD, INC.,
Defendants - Counter Claimants - Appellees.
________________________
Appeal from the United States District Court
for the Middle District of Florida
________________________
(December 21, 2015)
Case: 14-15526 Date Filed: 12/21/2015 Page: 1 of 3

-- 1 of 3 --

2
Before WILSON, WILLIAM PRYOR, and GILMAN,∗ Circuit Judges.
PER CURIAM:
Kakawi Yachting, Inc. (Kakawi) appeals the district court’s grant of
summary judgment in favor of defendants Marlow Marine Sales, Inc., Marlow
Marine Services, Inc., Marlow-Merrill-Stevens, LLC, David Marlow, Michael
Cannova, Marlow Yachts, Ltd., and Marlow Yachts Ltd., Inc. (collectively,
Marlow) on all claims. Kakawi alleges that the luxury yacht it purchased from
Marlow was defective because it did not meet the unrestricted navigation standards
required under the purchase contract.
After a review of the district court’s complete and detailed order, the parties’
briefs, and having had the benefit of oral argument, we find no reversible error.
Given our highly deferential standard of review, we are unable to find an abuse of
discretion by the district court in excluding Colin Pegrum’s expert testimony and
repairs estimate (Estimate) when notice was insufficient to meet disclosure
obligations under Rule 26(a)(2). See Fed. R. Civ. P. 26(a)(2). Secondly, we find
no error in the entry of summary judgment because Kakawi is unable to prove
damages without Pegrum’s testimony and Estimate. After a searching review of
the briefs, complaint, and record, we are unable to find a request by Kakawi to the
∗ Honorable Ronald L. Gilman, United States Circuit Judge for the Sixth Circuit, sitting by
designation.
Case: 14-15526 Date Filed: 12/21/2015 Page: 2 of 3

-- 2 of 3 --

3
court for the remedy of specific performance. Therefore, we affirm the district
court’s judgment.
AFFIRMED.
Case: 14-15526 Date Filed: 12/21/2015 Page: 3 of 3

-- 3 of 3 --