Florida Jury Awards $140K in Failed Restaurant Sale Lawsuit
Table of Contents
Case Background
This legal battle began in June 2020 when Plaintiff Serafettin Akkoc, a resident of Turkey, sued Defendants Asuman Erguc, Alper Erguc, and their company, Atlas Foods, LLC, which operated the Miami-Dade restaurant Golden Greek Soulvaki. The core dispute involved a failed business transaction where Mr. Akkoc and his associate, Oner Yilmaz, agreed to purchase the restaurant from the Ergucs for a total price of $140,000. The buyers immediately paid a $100,000 cash deposit, with Mr. Akkoc contributing $91,000 and his associate covering the remaining $9,000. The contract further stipulated that the seller, Mrs. Erguc, would maintain the lease until the buyers decided to take over the property, provided the buyers paid all ongoing expenses.
Cause
The transaction fell apart shortly after the initial payment. After Mr. Akkoc transferred his $91,000 portion of the payment to the sellers, the Ergucs refused to honor the signed contract by transferring the restaurant’s ownership or lease to the buyers. This refusal to perform the essential part of the agreement effectively terminated the sale and triggered the lawsuit. The Ergucs later claimed in Court that they refused the transfer because they simply "Didn't Believe" or "Didn't Trust" the buyers.
Injury
Mr. Akkoc suffered a direct financial injury when the Ergucs failed to deliver the business while simultaneously retaining his $91,000 cash contribution. The injury represented a significant loss of his capital investment, incurred at the beginning of the transaction, and the cost of other time and resources spent in preparation for the takeover, ultimately categorized by the Court as a liquidated damages loss.
Damages Sought
Mr. Akkoc filed the lawsuit seeking recovery of his substantial $91,000 investment plus full compensation for all associated costs and losses he incurred due to the broken deal. He specifically pursued claims for Breach of Contract, Unjust Enrichment, and both Fraudulent and Negligent Misrepresentation against the Defendants. In turn, the Ergucs fought back, filing counterclaims alleging fraudulent misrepresentation against Mr. Akkoc and Mr. Yilmaz.
Key Arguments and Proceedings
The lawsuit spanned nearly five years in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida. The proceedings revolved around whether a valid, enforceable contract existed and whether the Ergucs’ failure to transfer the restaurant amounted to a breach.
Legal Representation
Plaintiff(s): Serafettin Akkoc (and Counter-Defendant Oner Yilmaz)
· Counsel for Plaintiff(s): Herman Joseph Russomanno
Defendant(s): Asuman Erguc, Alper Erguc | Atlas Foods, LLC d/b/a Golden Greek Soulvaki
· Counsel for Defendant(s): Steven Veinger
Key Arguments or Remarks by Counsel
Claims
Counsel for Mr. Akkoc argued that the evidence plainly showed a breach of contract. They established that Mr. Akkoc, acting in good faith, had transferred a significant amount of money $91,000 as part of a signed agreement to purchase the restaurant. The defense’s subsequent refusal to complete the transfer, specifically by withholding the business and lease, caused Mr. Akkoc a direct and measurable financial loss. The lawsuit also included claims of unjust enrichment, where the Ergucs retained the benefit of the large cash payment without providing the promised asset, and fraudulent and negligent misrepresentation, arguing the Ergucs misrepresented their intent or ability to complete the sale.
Defense
The Ergucs' defense team contended that the entire deal fell apart because of trust issues and claimed the buyers had no genuine intention of taking over the restaurant. While Court records offered limited formal details on their defense strategy, a separate filing by Counter-Defendant Oner Yilmaz (Mr. Akkoc’s associate) indicated that the Ergucs simply "Didn't Believe" or "Didn't Trust" the buyers, which they cited as the reason for refusing to transfer the business. Furthermore, the Ergucs elevated the dispute by filing counterclaims against Mr. Akkoc and Mr. Yilmaz, accusing them of fraudulent misrepresentation during the purchase process and seeking damages themselves.
Jury Verdict
After hearing the testimony and reviewing the evidence, the jury delivered a decisive verdict on May 29, 2025, largely siding with the Plaintiff, Serafettin Akkoc. The jury meticulously answered the questions laid out in the verdict form, focusing on the core issue of the broken contract.
The jury found that Mrs. Asuman Erguc breached the contract with Mr. Akkoc. They subsequently moved to determine the damages, settling on a specific amount for Mr. Akkoc's losses. Interestingly, while the jury found Mrs. Erguc breached the contract, they answered "No" to the question of whether Mrs. Erguc was unjustly enriched, suggesting their finding focused solely on the specific terms of the contract.
The jury also dismissed the numerous counterclaims the Ergucs had lodged against Mr. Akkoc and Mr. Yilmaz for fraudulent misrepresentation. By finding against the Ergucs on their counterclaims, the jury rejected the notion that Mr. Akkoc or his associate had misled the sellers or acted fraudulently during the transaction.
In summary, the jury’s decision affirmed Mr. Akkoc's central claim: the Ergucs accepted his money, failed to uphold their end of the contract by transferring the business, and were not, in fact, victims of fraud as they had claimed.
Damages Awarded
The jury awarded Mr. Akkoc substantial damages for the breach of contract.
The jury determined that the amount of damages Mr. Akkoc should recover from Mrs. Erguc for the breach of contract totaled $105,000.00.
Final Judgment
Following the jury’s verdict, Circuit Court Judge Beatrice Butchko Sanchez entered a Final Judgment on June 3, 2025, solidifying the jury’s findings. The judgment formally entered the award in favor of Plaintiff Serafettin Akkoc and against Defendants Asuman Erguc, Alper Erguc, and Atlas Foods, LLC, holding them jointly and severally responsible for the full amount.
The Judge went beyond the principal sum awarded by the jury and added the legally mandated pre-judgment interest. Since the financial loss occurred on January 17, 2020, the Court calculated pre-judgment interest at the statutory rate of 6.83% for the five years the case remained open. This interest totaled $35,857.50.
The Final Judgment amount stood at the principal award plus the accrued interest, bringing the total sum Mr. Akkoc shall have and recover from the Ergucs to $140,857.50. The Court dismissed the case against all other parties, conclusively closing the nearly five-year legal dispute centered on the broken restaurant sale.