234 F.3d 741 (1st Cir. 2000), 99-2323, Cantellops v. Alvaro-Chapel

Docket Nº:99-2323
Citation:234 F.3d 741
Party Name:JOSEFINA CANTELLOPS, Plaintiff, Appellee, v. JUAN ALVARO-CHAPEL; C.H.R. CORPORATION, FLAMINGO ROAD INC., Defendants, Appellants, ALBERTO SEPULVEDA-GIRON; SAN GEMINIANO REALTY INC.; NATAL HERMANOS INC.; AWILDA GANDARILLAS VDA. DE NATAL; LUIS ACEVEDO; JANE DOE 94CV1585-1; CONJUGAL PARTNERSHIP ACEVEDO-DOE; JOHN DOE INSURANCE CO.; XYZ INSURANCE CO., De
Case Date:December 18, 2000
Court:United States Courts of Appeals, Court of Appeals for the First Circuit
 
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Page 741

234 F.3d 741 (1st Cir. 2000)

JOSEFINA CANTELLOPS, Plaintiff, Appellee,

v.

JUAN ALVARO-CHAPEL; C.H.R. CORPORATION, FLAMINGO ROAD INC., Defendants, Appellants,

ALBERTO SEPULVEDA-GIRON; SAN GEMINIANO REALTY INC.; NATAL HERMANOS INC.; AWILDA GANDARILLAS VDA. DE NATAL; LUIS ACEVEDO; JANE DOE 94CV1585-1; CONJUGAL PARTNERSHIP ACEVEDO-DOE; JOHN DOE INSURANCE CO.; XYZ INSURANCE CO., Defendants.

No. 99-2323

United States Court of Appeals, First Circuit

December 18, 2000

Heard November 15, 2000

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

[Hon. Daniel R. Dominguez, U.S. District Judge]

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Federico Lora-Lopez for appelllants.

Fernando E. Longo-Quinones, with whom Berrios & Longo, P.S.C., was on brief, for appellee.

Before Torruella, Chief Judge, Lynch, Circuit Judge, and Garcia-Gregory,[*] District Judge.

LYNCH, Circuit Judge.

In this diversity action for breach of contract and tortious interference with contractual relations, the jury returned a verdict for plaintiff. Plaintiff Josefina Cantellops was the sublessor of property in Condado, Puerto Rico, under a lease that required the tenant to get written consent from the lessor, San Geminiano, before further subleasing it. Cantellops in turn subleased to C.H.R. Corporation, through its representative, Juan Alvaro Chapel. Flamingo Road, another company in the corporate family which Chapel controlled, was to eventually take over the lease from CHR and operate a restaurant there.

Chapel asked Cantellops if the lessor had consented to the sublease by CHR. Cantellops said that San Geminiano had orally consented. But the representative of San Geminiano, Alberto Sepulveda-Giron, denied that. CHR then paid its rent directly to San Geminiano. Cantellops, deprived of the rent and of the property, sued for tortious interference, breach of contract, lack of good faith and unjust enrichment. In the interim, she went into bankruptcy. A jury found for the plaintiff and awarded her $20,000 against Chapel and $70,000 against CHR and Flamingo Road, to be paid jointly and severally.

We address defendants' various challenges to the verdict.

1. Lack of Diversity Jurisdiction

The district court determined that plaintiff had presented sufficient facts to show she was a domiciliary of Georgia or Florida and all defendants were domiciled in Puerto...

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