-
S.D. Fla.·
2025-08-11
The court granted the motion for final judgment, entering an agreed final judgment against defendants who materially breached the settlement agreement by failing to make the required payment by the deadline.
-
Del. Ch.·
2024-09-04
The Court of Chancery held that the plaintiffs' claims were barred by the doctrine of unclean hands due to their fraudulent conduct and presentation of false evidence. The court also found that no partnership existed between Wallace and Double Forest, and that the agreements for
-
Fla. 3d DCA·
2024-01-17
This case involves a dispute between a condominium developer and unit purchasers over completion dates and unit square footage. The appellate court reversed a lower court's finding of breach of contract, ruling that the purchase agreements did not obligate the developer to comple
-
Fla. 3d DCA·
2024-01-17
This case involves a condominium developer sued for breach of contract and fraud. The appellate court found the developer did not breach the contract by missing an estimated completion date, as the contract did not make time of the essence for the seller. The court also affirmed
-
Fla. 2d DCA·
2021-05-26
The appellate court reversed a trial court's decision to enforce a settlement agreement. The court found that the defendant's repeated failure to make timely payments, despite a cure period, constituted a material breach of the agreement, and the trial court erred in not treating
-
Del. Super. Ct.·
2019-11-25
The appellate court affirmed the trial court's decision, holding that the defendant breached the contract by failing to close on the property by the agreed-upon date. The court found that the plaintiff was entitled to retain the earnest money deposit as liquidated damages and was
-
Fla. 3d DCA·
2019-04-24
# Legal Brief
In *All Seasons Condo Assoc. v. Patrician Hotel*, the Third District Court of Appeal reversed the trial court's judgment in favor of Patrician Hotel, LLC and All Seasons Suites, LLC, holding that the condominium association's board must be afforded an opportunity o
-
9th Cir. Ct. App. Div.·
2016-06-07
The Housing Authority appealed the trial court's denial of its eviction claim against tenants who paid rent late. The appellate court reversed, holding that the trial court lacked authority to reinstate the lease after the Housing Authority properly terminated it, and that late r
-
176 So. 3d 285·
Fla. 3d DCA·
2015-06-24
Blue Lagoon Development appealed summary judgment favoring Leon Medical Centers in a dispute over a $28.575 million commercial real estate purchase contract. The key issue was whether Blue Lagoon satisfied the zoning change condition by the July 31, 2008 deadline, and the court r
-
Del. Ch.·
2013-02-12
The appellate court affirmed the trial court's decision, holding that neither party was ready, willing, and able to perform on the original closing date. The court found that the seller cured the title defect within a reasonable time, and the buyer subsequently breached the contr
-
42 So. 3d 884·
Fla. 4th DCA·
2010-08-18
Trinity Quadrille breached a real estate purchase contract by failing to attend the scheduled closing on March 15, 2007, for a 3.2-acre parcel in West Palm Beach. The court affirmed summary judgment for the seller Opera Place, holding that Trinity's failure to close constituted a
-
977 So. 2d 754·
Fla. 4th DCA·
2008-03-26
Gwendolyn Denton appeals a trial court's enforcement of a settlement agreement requiring her to close on a home purchase. The court affirmed, finding that Denton failed to close without justification and that any alleged breaches by the developer were immaterial and cured before
-
968 So. 2d 596·
Fla. 2d DCA·
2007-09-19
-
986 F.2d 131·
5th Cir.·
1993-03-24
The court held that time remained of the essence throughout the contract and that the earnest money deposit constituted valid liquidated damages, not an unenforceable penalty.
-
986 F.2d 709·
4th Cir.·
1993-02-22
The court affirmed the district court's decisions in both the contract and bankruptcy actions, finding no error in the rulings.
-
968 F.2d 565·
5th Cir.·
1992-08-19
The court held that there was no material breach of the Royalty Compensation Agreement, but the agreement is ambiguous regarding royalty calculation, requiring remand for determination of the parties' intent. The court also affirmed the district court's procedural rulings.
-
860 F.2d 1093·
D.C. Cir.·
1988-10-28
The court held that even if an agreement was reached, Moana Kai's failure to promptly provide a payment guarantee released Agnew-Sachs from its obligation to withdraw its FCC application.
-
808 F.2d 120·
D.C. Cir.·
1986-12-30
The court held that the defendant did not breach the contract by canceling it, as the plaintiff failed to make timely delivery and cure any defects.
-
421 So. 2d 738·
Fla. 4th DCA·
1982-11-10
The Florida Fourth District Court of Appeal reversed a trial court's specific performance judgment, holding that a buyer's option to purchase commercial real estate "as is" was not timely or effectively exercised within the contractual six-month period.
-
621 F.2d 883·
8th Cir.·
1980-04-10
The court held that the purchase order, not the prior quotation, formed the contract, and that Banner's quantum meruit claim was inconsistent with the jury's finding of a valid contract. The court also recalculated damages based on the UCC's 'cover' provision.
-
617 F.2d 211·
Ct. Cl.·
1980-03-19
The court held that while the defendant was not liable for damages caused by delays due to a third-party lawsuit, the plaintiff was entitled to the benefits of ownership, including rents less maintenance costs, from the original closing date.
-
46 Fla. Supp. 165·
Broward Cty. Ct.·
1977-09-23
This case involves a contract dispute where the court found that while the plaintiff breached the contract by delaying performance, the defendant's subsequent sale of the property to a third party constituted a rescission of the original contract. The court ordered the defendant
-
47 Fla. Supp. 15·
Broward Cty. Cir. Ct.·
1977-02-09
Lessees McHugh exercised a purchase option in a commercial lease and sought specific performance when lessors Conforti refused to deliver title and complete the sale. The court granted specific performance, finding the lessees became equitable owners upon exercising the option an
-
413 F.2d 265·
9th Cir.·
1969-01-06
The buyers were entitled to the return of their deposit because the title report revealed easements that did not conform to the escrow instructions, and the seller did not seek to cure these defects.
-
18 Fla. Supp. 74·
Dade Cty. Cir. Ct.·
1960-06-13
Forty-Five Twenty-Five, Inc. sought to enjoin Fontainebleau Hotel Corp.'s construction of a hotel addition. The injunction was granted but subsequently dissolved by appellate court. This damages hearing determined what the hotel could recover on the injunction bond, a foundationa
-
70 So. 2d 371·
Fla.·
1953-11-24
The Florida Supreme Court affirmed a decree requiring specific performance of a real estate purchase contract (deposit receipt) for Dade County land. The court held the contract was enforceable and that the seller could not unilaterally rescind based on the purchaser's failure to
-
215 F.2d 219·
10th Cir.·
1953-10-26
The court held that the contract was terminated prior to the tender of payment, affirming the lower court's judgment.
-
175 F.2d 261·
9th Cir.·
1949-06-03
The court held that an attempted tender of payment through escrow instructions not agreed upon by the seller, and containing terms outside the original contract, was abortive and did not constitute a valid tender. The court also held that the trial court should determine if the b
-
140 Fla. 200·
Fla.·
1939-10-06
This case concerns whether a mortgage assignee's breach of contractual obligations, including late foreclosure proceedings and failure to make timely interest payments, entitled the assignor to cancel the assignment and retain payments as liquidated damages. The Florida Supreme C