-57- We do not find in the record that Mamiye sold a diamond that was comparable to one or more of the five remaining diamonds. As to these five diamonds, we turn to Carmona’s opinion as set forth in his expert report. If a diamond that was valued by Carmona was similar in weight to one of the five remaining diamonds, we use that comparable diamond to measure the fair market value of the diamond in question, unless the record establishes that Carmona’s appraised value was not indicative of the diamond’s retail sales price. Under the facts herein, we believe that Carmona’s opinion is the second best measure of the fair market value of four of the five remaining diamonds. Carmona opined that the fair market value of the 2.01-ct. diamond was $15,000. We decide that the 2.01-ct. diamond was the best measure of value for the 2.08 and 2.28-ct. diamonds. On the basis of Carmona’s appraisal of the 2.01-ct. diamond at $15,000, and the fact that the 2.01 diamond is 3.4 and 13.4 percent smaller in weight than the 2.08-ct. and 2.28-ct. diamonds, respectively ((2.08 - 2.01)/2.01 = .034; (2.28 - 2.01)/2.28 = .134), we find that the fair market values of the 2.08 and 2.28-ct. diamonds were $15,510 ($15,000 + ($15,000 x .034) and $17,010 ($15,000 + ($15,000 x .134)) respectively. Carmona opined that the fair market value of the 3.35-ct. diamond was $52,300. We decide that the 3.35-ct. diamond was the best measure of value for the 3.04-ct. diamond. On the basis ofPage: Previous 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Next
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