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Fla. 4th DCA·
2026-10-07
An assignee of a purchase agreement may not recover attorney's fees under a fee provision in the original purchase agreement when the assignment itself contains no fee clause, because the fee provision applies only to disputes between the original contracting parties and does not
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Fla. 4th DCA·
2026-10-07
An assignee of a purchase agreement may not recover attorney's fees under a fee provision in the original purchase agreement when the assignment itself contains no fee clause, because the fee provision applies only to disputes between the original contracting parties and does not
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Fla. 4th DCA·
2026-09-23
A marital settlement agreement providing for either a $140,000 payment to the former wife upon refinancing or equal division of net sale proceeds if refinancing failed contains two distinct alternatives, not a single obligation to pay $140,000 in all circumstances. The trial cour
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Fla. 4th DCA·
2026-08-19
A marital settlement agreement provision stating that alimony shall remain in effect until the former wife remarries does not constitute an express or implied waiver of the statutory right to seek modification of alimony based on changed circumstances. An effective waiver require
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Fla. 5th DCA·
2026-07-10
A right of first refusal ripens into an irrevocable option upon the owner's entry into a purchase agreement with a third party, and when a condominium declaration provides that notice of exercising the right is effective upon certified mailing, proof of actual receipt is not requ
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Fla. 4th DCA·
2026-06-03
An oral modification of a written real estate contract requiring written modifications is enforceable only if the proponent establishes mutual assent, subsequent conduct consistent with the modification, and additional consideration beyond the original contract. Here, the buyer f
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Fla. 1st DCA·
2026-04-08
Prefatory language in a contract, even if it describes the underlying purpose or context, cannot be used to restrict or expand the meaning of otherwise unambiguous operative provisions. The operative provisions of a contract prevail over any conflict with prefatory clauses. When
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Fla. 4th DCA·
2026-01-07
An agreed pretrial order that explicitly provides retroactive child support shall be awarded if the obligor fails to pay the guideline amount during the pendency of proceedings is binding and must be enforced; the trial court erred in denying retroactive child support based on th
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Fla. 4th DCA·
2025-12-03
An unconditional and absolute guaranty in unambiguous terms makes the guarantor liable immediately upon the principal's default, without requiring the creditor to first pursue the principal. The guarantor is entitled to statutory pre-judgment and post-judgment interest, but not t
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Fla. 6th DCA·
2025-09-19
A marital settlement agreement limiting a former spouse's military pension entitlement to a percentage calculated based on the service member's rank, years of service, and retired pay base at the time of divorce is unambiguous and requires a hypothetical retirement calculation, n
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Fla. 3d DCA·
2025-09-03
A mandatory forum selection clause in a public relations agreement applies to tort claims arising from the parties' professional relationship established by that agreement, and such claims must be dismissed when brought in a forum other than the one specified in the clause.
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Fla. 3d DCA·
2025-09-03
A mandatory forum selection clause in a public relations agreement applies to defamation claims arising from the parties' contractual business relationship, even when asserted by non-signatories to the agreement, if the clause contains broad language covering claims arising in co
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Fla. 1st DCA·
2025-07-23
A second mortgage signed by Mrs. Aldridge secured only her husband's $150,000 personal guarantee for breach of management services obligations, not the underlying $50,000 loan to North Lagoon Medical, LLC. The trial court erred in relying on extrinsic testimony rather than the pl
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Fla. 3d DCA·
2025-01-15
A former husband who stipulates in a final judgment to place his share of marital property proceeds in trust for his son waives his right to equitable distribution, and a constructive trust may be imposed over the property when he fails to fulfill this obligation.
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Fla. 5th DCA·
2024-12-06
A lender cannot foreclose without substantially complying with the mortgage's pre-acceleration notice requirement, which must provide notice of default and an opportunity to cure, and must establish the borrower's indebtedness through competent, substantial evidence, including ad
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Fla. 2d DCA·
2024-07-10
A prenuptial agreement provision stating that all jointly owned real property at the time of divorce constitutes marital property subject to equitable distribution controls over general provisions protecting separate property contributions, and a spouse who contributes separate f
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Fla. 4th DCA·
2024-05-22
The majority affirmed summary judgment for PTI, holding that the insureds breached the preferred contractor endorsement by failing to notify PTI before authorizing Restoration to make repairs, resulting in forfeiture of policy benefits. The dissent argued the policy language limi
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Fla. 3d DCA·
2024-01-17
This case involves a dispute over condominium purchase agreements. The appellate court found that the developer was not liable for breach of contract for failing to complete units by an estimated date, as the contract did not make time of the essence. However, the court also affi
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Fla. 3d DCA·
2023-06-07
This case concerns whether a party can recover attorney's fees under a settlement agreement's fee provision. The appellate court affirmed the trial court's decision to deny fees, finding the provision ambiguous.
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Fla. 4th DCA·
2023-05-24
The appellate court reversed a portion of a divorce judgment, finding that the trial court erred in classifying a home equity line of credit (HELOC) debt as marital. The court held that the debt, incurred by the husband on his separate property, remained his separate non-marital
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Fla. 2d DCA·
2023-03-10
The appellate court reversed a trial court's order awarding an additional 5% in attorney fees. The court found that the contingency fee agreement only allowed for this additional fee if appellate proceedings or post-judgment actions were required for recovery on the original judg
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Fla. 2d DCA·
2022-12-07
The appellate court reviewed a trial court's judgment concerning a premarital agreement and spousal support. While affirming the wife's entitlement to support, the court reversed and remanded the case to recalculate the amounts for temporary and postdissolution support due to mis
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Fla. 4th DCA·
2022-04-20
A property owner sued a moving company for lost and damaged personal property, claiming $5,000 in damages. The trial court awarded only $234 based on a contractual limitation of liability clause limiting recovery to $0.60 per pound per article, which the property owner had not el
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Fla. 1st DCA·
2021-11-03
The appellate court reversed a lower court's judgment, finding that an employer properly terminated an employee for cause. The employee's use of a racial slur and offensive conduct violated company policy, and the employment agreement allowed for immediate termination under such
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Fla. 1st DCA·
2021-04-21
The appellate court reviewed a trial court's award of attorney's fees to OPO, LLC. While OPO prevailed on some issues, the court reversed the award of fees for issues where OPO successfully argued the contract (Declaration) did not apply to its property, as a party cannot claim f
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320 So. 3d 844·
Fla. 2d DCA·
2021-04-16
This case concerns the interpretation of a partnership agreement's provisions regarding the disposition of a partner's interest upon death. The court affirmed the trial court's decision that the decedent's attempted devise of her partnership interest to her grandson was invalid b
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Fla. 1st DCA·
2021-03-31
This case concerns whether an auction company could keep a buyer premium not explicitly mentioned in its contract with an estate. The appellate court affirmed the trial court's decision, holding that the buyer premium was part of the "gross proceeds of sale" and thus subject to t
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Fla. 1st DCA·
2020-01-31
The appellate court affirmed the denial of attorney's fees to Donald Pickle. Pickle's contingency fee agreement stipulated that attorney fees were only payable from proceeds of a recovery, and since the underlying foreclosure case was voluntarily dismissed without any tangible be
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Fla. 1st DCA·
2018-11-27
An employment contract with a specified term of duration is not terminable at will absent express contractual language permitting early termination. Where a contract specifies an end date and lists grounds for early termination for cause, ambiguities arise when incorporated regul
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Fla. 3d DCA·
2018-04-04
The trial court properly determined that Haas breached the General Terms and Conditions of Sale by failing to execute the required purchase and sale contracts after being the high bidder at the auction, and that the Foxes were intended third-party beneficiaries entitled to retain
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931 F.2d 1282·
8th Cir.·
1991-04-29
The court held that the term 'accrued' in the purchase agreement referred to work done before the closing date, making Kroger responsible for those costs, and that the agreement entitled Schnucks to attorneys' fees for litigation arising from Kroger's breach.