Time Is Of The Essence

130 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Shouse v. Doane
  39 Fla. 95· Fla.· 1897-01-01 ·cited 80×
  Shouse sought specific performance of a land contract with Doane. The Florida Supreme Court reversed the lower court's denial of specific performance, holding that the parties' conduct showed they intended concurrent performance of payment and deed delivery, that Doane waived the
• Brown v. Avemco Inv. Corp.
  603 F.2d 1367· 9th Cir.· 1979-09-12 ·cited 76×
  The dissenting judge argues that the majority opinion improperly reversed the lower court's decision by considering issues not properly raised on appeal and by disregarding the requirements of Rule 51, FRCivP, regarding timely objections to jury instructions.
• Miami Bond Mtg. Co. v. Bell Et Ux.
  133 So. 547· Fla.· 1931-03-28 ·cited 53×
  This case clarifies that a vendor suing to foreclose a vendee's equity in land after default does not need to tender a deed before filing suit, unlike suits for the full purchase price or specific performance. The court held that the vendor's retained legal title serves as securi
• Bookworld Trade, Inc. v. Daughters of St. Paul, Inc.
  532 F. Supp. 2d 1350· M.D. Fla.· 2007-11-16 ·cited 50×
  Bookworld materially breached the agreement by failing to make payments, while PBM's claims for conversion and civil theft against Bookworld are barred by the economic loss rule. Smith is not individually liable on the contract without piercing the corporate veil, which was not s
• Sicula Oceanica, S.A. v. Wilmar Marine Eng'g & Sales Corp.
  413 F.2d 1332· 5th Cir.· 1969-07-07 ·cited 46×
  The court held that the contractor assumed the risk of unforeseen difficulties in cleaning the ship's tanks, and their failure to meet the contract deadline constituted a breach, but the shipowner could not retain the entire benefit of the work without payment.
• The Nat'l Exhibition Co. v. Ball
  139 So. 2d 489· Fla. 2d DCA· 1962-03-30 ·cited 46×
  National Exhibition Company contracted to purchase the Mayfair Inn from Ball and deposited $30,000 in escrow. When Ball failed to furnish an abstract of title or title insurance commitment by the contractual deadline of September 26, 1960, National sought a summary decree establi
• L'Engle v. Overstreet
  61 Fla. 653· Fla.· 1911-01-01 ·cited 38×
  L'Engle and fellow lessees sought specific performance of a lease-to-purchase contract for real estate after failing to tender the purchase price within the five-year lease term. The Florida Supreme Court held that because time was expressly made of the essence of the contract, a
• Singer v. Tobin
  201 So. 2d 799· Fla. 3d DCA· 1967-06-27 ·cited 36×
  The Florida District Court of Appeal affirmed a lower court's decision establishing an equitable lien on real property. The court found sufficient evidence to support the lien based on the parties' agreement and the circumstances, despite the appellants' venue and lien establishm
• John v. Philpot
  411 So. 2d 1341· Fla. 1st DCA· 1982-03-22 ·cited 35×
  Philpot, a condominium lessor, appeals a jury verdict finding him in breach of a lease/option to purchase contract. The court reverses, holding that a contractual anti-waiver clause prevented Philpot's acceptance of late rent payments from constituting an implied waiver of the le
• Hoyte Gentry and N. R. Johnston v. Smith
  487 F.2d 571· 5th Cir.· 1973-11-20 ·cited 33×
  The court held that the contract was mutually rescinded due to breaches by both parties, but reversed the damages award, remanding for a full accounting that includes the corporation.
• Sublime, Inc. v. Boardman's Inc.
  849 So. 2d 470· Fla. 4th DCA· 2003-07-16 ·cited 32×
  Sublime Inc. appealed a trial court judgment limiting its damages for breach of a commercial lease termination settlement agreement to only the two late payments rather than the full remaining lease balance. The Fourth District reversed, holding that the settlement agreement's in
• Home Owners' Loan Corp. v. Wilkes
  130 Fla. 492· Fla.· 1938-01-05 ·cited 32×
  The Florida Supreme Court reversed a lower court's decision that allowed a mortgagor in default to avoid foreclosure by offering to place mortgaged property in a trust deed arrangement. The court held that courts of equity lack authority to grant relief from mortgage foreclosure
• Dugan v. Haige
  54 So.2d 201· Fla.· 1951-09-07 ·cited 29×
  The Florida Supreme Court affirmed a lower court's decision to relieve lessees from strict compliance with a lease renewal notice period. The court found that equity could intervene despite the lessees' failure to provide timely written notice, as there was no harm to the lessors
• Frazier v. Boggs
  37 Fla. 307· Fla.· 1896-01-01 ·cited 28×
  The Florida Supreme Court affirmed a referee's judgment dismissing the Fraziers' breach of contract action against Boggs for his refusal to complete a land purchase. The court held that the Fraziers could not convey good and perfect title to the property because only half the lan
• Pipitone v. Pipitone
  23 So. 3d 131· Fla. 2d DCA· 2009-08-28 ·cited 25×
  Christine Diaz appeals a trial court order denying enforcement of lump sum alimony payments owed under a marital settlement agreement with Charles Pipitone. The court reversed, holding that the MSA's lien provision is not an exclusive remedy for enforcing alimony, and remanded to
• Doolittle v. Fruehauf Corp.
  332 So. 2d 107· Fla. 1st DCA· 1976-05-18 ·cited 25×
  An option to purchase is properly exercised when the optionee communicates a clear, unequivocal decision to purchase within the option period, without requiring simultaneous tender of the purchase price if the option does not expressly require it.
• Crosby Forrest Prods., Inc. v. Byers
  623 So. 2d 565· Fla. 5th DCA· 1993-08-20 ·cited 22×
  Crosby Forrest Products appeals a trial court order that set aside a final judgment entered against Southern Building Products under a settlement agreement that provided for an escalated judgment amount upon default of installment payments. The court reversed, holding that the es
• Int'l Tel. & Tel. Corp. v. The United States
  509 F.2d 541· Ct. Cl.· 1975-01-22 ·cited 20×
  The court held that the Board erred in finding the contract was terminated for default, as neither a specific completion date nor a reasonable one was established, nor was there a valid tender of delivery for a nonconforming product.
• Int'l Tel. & Tel. v. The United States
  453 F.2d 1283· Ct. Cl.· 1972-01-21 ·cited 20×
  The court held that the government's failure to provide timely written notice of fund availability for the 1968 program year, as required by the contract, resulted in the contract's termination for that year, entitling the plaintiff to recover.
• LeROY Dyal Co., Inc. v. Allen
  161 F.2d 152· 4th Cir.· 1947-04-15 ·cited 20×
  The court held that minor deviations from contract dates for inspection and shipment did not constitute material breaches, especially when the buyer suffered no damages and the contract used 'f. o. b. acceptance final'.
• Seabreeze Rest., Inc. v. Gaethy Paumgardhen
  639 So. 2d 69· Fla. 2d DCA· 1994-05-11 ·cited 18×
  Seabreeze Restaurant appeals a judgment awarding damages to LaSalle on his counterclaim for breach of an implied covenant of good faith and fair dealing. The appellate court reversed, holding that the parties' asset purchase agreement incorporated a "time is of the essence" claus
• Ferd Schneider v. Dumbarton Developers, Inc.
  767 F.2d 1007· D.C. Cir.· 1985-07-23 ·cited 18×
  The court held that the appellants did not substantially perform their obligations under the contract by the deadline and that the August 4 Settlement Agreement eliminated any notice and cure period. The court also found that 2106 F Street Associates, as an intervenor, was subjec
• Seymour Blaustein and Miriam Blaustein v. Weiss
  409 So. 2d 103· Fla. 4th DCA· 1982-01-20 ·cited 17×
  In this real estate contract dispute, the Florida Fourth District Court of Appeal reversed a trial court's denial of specific performance where sellers attempted to rescind a condominium purchase contract based on the buyers' alleged failure to close within 30 days of receiving t
• Rank v. Bart E. Sullivan for the Estate of Gertrude P. Rank
  132 So. 2d 32· Fla. 2d DCA· 1961-06-28 ·cited 16×
  In this declaratory judgment action, beneficiaries of Gertrude P. Rank's estate challenged the executor's acceptance of Robert F. Sullivan's exercise of purchase options for the decedent's interests in various corporations and a partnership. The court affirmed that Sullivan prope
• Command Sec. Corp. v. Moffa
  84 So. 3d 1097· Fla. 4th DCA· 2012-03-21 ·cited 15×
  Command Security Corporation appealed a trial court decision awarding $400,000 in escrow funds to the assignee of Eagle International Group after Command missed a 45-day deadline to submit a purchase price adjustment claim. The appellate court reversed, holding that the deadline
• Rose v. Ditto
  804 So. 2d 351· Fla. 4th DCA· 2001-08-29 ·cited 15×
  In a post-divorce child support dispute, the Fourth District Court of Appeal reversed a judgment awarding a former wife $62,788.75 in arrearages plus interest and attorney's fees, holding that the former husband's two-day delay in paying a $10,000 installment under a mediation ag
• Sahadi v. Cont'l Ill. Nat'l Bank & Tr. Co. OF Chicago
  706 F.2d 193· 7th Cir.· 1983-03-31 ·cited 15×
  The court held that the district court erred in granting summary judgment because the determination of whether a one-day late tender of interest payment constituted a "material" breach of the loan agreement presented genuine issues of material fact requiring a trial.
• Baker v. Coleman
  160 Fla. 297· Fla.· 1948-03-23 ·cited 15×
  Baker sued Coleman for breach of an option agreement granting him the right to purchase 500 shares of National Airlines stock at $7.50 per share, provided the option was exercised by April 1, 1944. The Florida Supreme Court reversed the trial court's judgment for Baker, holding t
• Hutches v. Renfroe
  200 F.2d 337· 5th Cir.· 1952-12-08 ·cited 14×
  The court held that the measure of damages for breach of contract is the difference between the market price and the contract price, not lost profits on resale, and that the trial court erred in calculating damages based on lost profits.
• Dickson v. The Ridge Realty Co.
  141 Fla. 807· Fla.· 1940-02-20 ·cited 14×
  In this specific performance case, the Florida Supreme Court held that a vendor cannot unilaterally cancel a land sale contract without providing reasonable notice to the vendee of the seller's insistence on payment, even when the vendee has defaulted on quarterly installments. T
• Atlanta JET v. Liberty Aircraft Servs., LLC
  866 So. 2d 148· Fla. 4th DCA· 2004-02-18 ·cited 13×
  This case involves a dispute over a $50,000 deposit for the sale of an aircraft. The appellate court reversed the trial court's decision, holding that the seller was entitled to retain the deposit as liquidated damages because the buyer's claim for return of the deposit was based
• United Fruit Co. v. J. A. Folger & Co.
  270 F.2d 666· 5th Cir.· 1959-09-30 ·cited 13×
  The court held that the statutory one-year limitation period for bringing suit under the Carriage of Goods By Sea Act can be waived, and in this case, it was effectively waived by the parties' stipulation.
• Sanford KAY & 1954 Motel, Inc. v. Sperling
  83 So. 2d 881· Fla.· 1955-12-14 ·cited 13×
  Real estate brokers sued owners for a $10,000 commission on a proposed motel lease transaction that was never completed. The Florida Supreme Court reversed a directed verdict for the brokers, holding that under the clear, unambiguous written agreement, no commission was owed beca
• Hufcor/Gulfstream, Inc. v. Homestead Concrete & Drainage, Inc.
  831 So. 2d 767· Fla. 4th DCA· 2002-11-27 ·cited 12×
  A settlement agreement making time of the essence must be strictly enforced, and a late payment does not cure the default.
• Brotherhood of Railway and Steamship Clerks v. Norfolk S. Ry. Co.
  143 F.2d 1015· 4th Cir.· 1944-07-24 ·cited 12×
  An arbitration award is invalid if not made and filed within the time stipulated in the arbitration agreement, unless the parties have agreed to an extension.
• Blue Paper, Inc. v. Provost
  914 So. 2d 1048· Fla. 4th DCA· 2005-11-23 ·cited 11×
  Blue Paper, Inc. appeals a trial court judgment awarding specific performance of a townhouse purchase contract to buyer William Provost. The appellate court affirms, rejecting Blue Paper's arguments that legal deficiencies in the contract and lack of mutuality of obligation or re
• Treasure Coast, Inc. v. Ludlum Constr. Co., Inc.
  760 So. 2d 232· Fla. 4th DCA· 2000-05-17 ·cited 11×
  The court held that the trial court erred in denying the motion for final judgment based on a breach of the settlement agreement, as the agreement's terms were clear and unambiguous.
• SUN Bank OF Miami v. Rozanne G. Lester
  404 So. 2d 141· Fla. 3d DCA· 1981-09-08 ·cited 11×
  In a real estate sales contract providing that time is of the essence and waiving notice of default for failure to pay monies when required, a buyer who fails to tender a required deposit by the deadline cannot cure the default by tendering payment thereafter, and specific perfor
• Universal Credit Co. v. McKinnon
  106 Fla. 849· Fla.· 1932-09-30 ·cited 11×
  In a replevin action over an automobile sold under conditional sale contract, the Florida Supreme Court reversed the trial court's directed verdict for the buyer, holding that the seller's acceptance of late installment payments did not waive its right to accelerate payment oblig
• Jule Finkle & Jack H. Felzer under Deed of Tr. dated April 10 v. Gulf & W. Mfg. Co. & Gulf & W. Indus., Inc.
  744 F.2d 1015· 3d Cir.· 1984-10-05 ·cited 10×
  The court held that an acceleration clause in a commercial lease, tied to the lessee's failure to renew and requiring payment of a sum roughly equal to the unpaid principal, is not a penalty under Pennsylvania law.
• Republic Nat'l Life Ins. Co. v. RED Lion Homes, Inc.
  704 F.2d 484· 10th Cir.· 1983-03-21 ·cited 10×
  The court held that the trial court did not err in finding Republic breached the contract, that time was of the essence, and that lost profits were a proper measure of damages supported by sufficient evidence.
• Robinson v. Abreu
  345 So. 2d 404· Fla. 2d DCA· 1977-05-04 ·cited 10×
  A party is not entitled to specific performance of a contract if they failed to perform their obligations according to its clear terms.
• Commercial Contractors, Inc. v. United States Fid. & Guar. Co.
  524 F.2d 944· 5th Cir.· 1975-09-29 ·cited 10×
  The court did not issue a holding as this is a concurring opinion.
• McFARLAND v. Gregory
  322 F.2d 737· 2d Cir.· 1963-07-05 ·cited 10×
  The dissenting judge would reverse the majority's decision, arguing that extending the contract performance period unfairly benefits the plaintiffs and shifts burdens to the defendants.
• Phillips Petroleum Co. v. Curtis
  182 F.2d 122· 10th Cir.· 1950-04-28 ·cited 10×
  Under Oklahoma law, a lessee is not entitled to equitable relief from the termination of an 'unless' lease due to failure to pay delay rental when the failure was caused by the mistake of the lessee's own employee.
• L. Albert & SON v. Armstrong Rubber Co.
  178 F.2d 182· 2d Cir.· 1949-11-29 ·cited 10×
  The seller's late delivery of the second two machines constituted a breach, justifying the buyer's rejection of all four. The buyer's use of a motor after rejection did not constitute acceptance, but the seller is entitled to its value plus interest. The buyer can recover relianc
• Massman Const. Co. v. City Council of Greenville
  147 F.2d 925· 5th Cir.· 1945-02-26 ·cited 10×
  The court held that enforcing the liquidated damages provision would be inequitable and amount to a penalty, as no actual losses were caused by the contractor's delay due to external factors and the parties' admissions indicated the delay was beyond the contractor's control.
• Wimbish v. Douglass
  92 Fla. 224· Fla.· 1926-07-12 ·cited 10×
  John L. Wimbish, assignee of a real estate purchase contract for commercial property in Sanford, Florida, sought specific performance against the original vendors and subsequent purchasers. The court upheld the lower court's decision granting specific performance, finding that th
• Sheila v. McCUTCHEON
  928 So. 2d 364· Fla. 3d DCA· 2006-02-01 ·cited 9×
  A marital settlement agreement is interpreted like any other contract, and a court cannot deviate from its terms or relieve a party from the consequences of an improvident or ill-advised breach.
• Venema v. Tost
  424 So. 2d 786· Fla. 3d DCA· 1982-07-20 ·cited 8×
  The court reversed a specific performance order because the contract's property description was insufficiently detailed and parol evidence cannot cure patent ambiguities; the court also found the trial court erred in failing to apply laches as a defense.