SALOMON S. MOLYNEAUX, PETITIONER,

v.

THE STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Husky Rose, Inc. v. Allstate Ins. Co., 19 So. 3d 1085 (Fla. 4th DCA 2009)
  …e recently reaffirmed the principle that “under certain circumstances, written contracts can be modified by a subsequent oral agreement of the parties even though the written contract purports to prohibit such modification.” See Henley v. MacDonald, 971 So. 2d 998, 1001 (Fla. 4th DCA 2008) (quoting Wilson v. Woodward, 602 So. 2d 547, 549 (Fla. 2d DCA 1992)). Some circum [*1089] stances in which this principle has been applied include (1) where it would be a fraud on one party to refuse to perform the oral mod…
• All Seasons Condo Assoc. v. Patrician Hotel, 274 So. 3d 438 (Fla. 3d DCA 2019)
  …nt, change or modification of this Agreement shall be valid, unless in writing and signed by all of the parties hereto.” This language prevents an oral modification or waiver of the closing date and Sale Approval deadline. See Henley v. MacDonald, 971 So. 2d 998, 1001 (Fla. 4th DCA 2008) (concluding that the language of a similar provision precluded an oral waiver or modification of the closing date). Accordingly, the time of the essence provisions found in Paragraph 16 and Paragraph 25 of the Supplemental…
• Open Permit Servs. OF Fla., Inc. v. Curtiss, 15 So. 3d 822 (Fla. 3d DCA 2009)
  …a marketable title at closing. In order to do so, all liens must be released by the seller as a contractual precondition to the duty set forth in Section 8B, the duty of the seller to convey to the buyer a marketable title. See Henley v. MacDonald, 971 So. 2d 998 (Fla. 4th DCA 2008) (holding that unpaid fines for code violations render property unmarketable); accord Chafetz v. Price, 385 So. 2d 104 (Fla. 3d DCA 1980). As there was no evidence adduced below of any attempt, let alone a “diligent effort,” to re…