Constructive Eviction of a Commercial Tenant

Katz Deli v. Waterways Plaza, 3D12-3409 & 3D13-124 (Fla. 3d DCA 2013): This appeal and cross-appeal contested the amount of damages awarded for a breach of contract that led to the constructive eviction and ultimate destruction of Katz Deli. Katz Deli expanded by leasing a space in the Waterways Plaza of Aventura. The lease required […]

Breach of Contract Disputes

To prove the existence of a contract under Florida law, a plaintiff must plead: (1) offer; (2) acceptance; (3) consideration; and (4) sufficient specification of the essential terms. A breach of contract is a legal cause of action where the contract is not honored by a party to the agreement. A party filing a breach […]

Fourth District Reversed Dismissal of a Mechanic’s Lien Claim

Marble Unlimited, Inc. v. Weston Real Estate Inv. Corp., 4D11-3113 (Fla. 4th DCA 2013): Marble Unlimited, Inc. (“Marble”) is a granite countertop subcontractor. In 2003, Marble contracted with Weston Real Estate Investment Corporation (“Weston Investment”) to renovate buildings within a condominium complex. Marble completed renovations on the contracted buildings and received payment. In August 2006, […]

Summary Judgment Based on Contract Language was Improper

Florida Power & Light Company v. Hayes, 4D11-3802 (Fla. 4th DCA 2013): FP&L and Robert Elmore entered into two contracts reciting their rights to land initially owned by Elmore adjacent to FP&L’s plant in Broward County. FP&L wished to create a lake on the land to use in cooling water being transferred from the plant. […]

Bank Waived Right to Arbitration by Initiating Lawsuit

Pearson v. Peoples National Bank,1D13-0685 (Fla. 1st DCA 2013): This was an appeal of a non-final order that stayed a declaratory action and directed the parties to arbitration. Appellant and Appellee entered into a real estate sales contract. The vacant lot purchased by Appellant was described as having beach access in the contract. The Appellee […]

Judgment Granting Relief Wholly Outside the Pleadings is Void

In The Bank of New York Mellon v. Reyes, No.: 3D12-1900 (Fla. 3d DCA 2013), the Bank appealed the denial of its Florida Rule of Civil Procedure 1.540(b) motion to set aside a default final judgment nullifying an unpaid promissory note. The action began when the Bank filed a complaint to foreclose a mortgage securing […]

Fourth District Finds Appellee Failed to Refute Contested Jurisdiction

Kent v. Marmorstein, 4D13-386 (Fla. 4th DCA 2013): The issue presented for the Fourth District’s review was whether the trial court erred by failing to dismiss the lawsuit for lack of personal jurisdiction. Marmorstein, a Florida resident, filed a complaint against Kent, a Michigan resident. Marmorstein alleged that he loaned Kent’s son $185,000 and that […]

Fifth District Rules on Appeals Arising from Breach of Contract Action

Bombardier v. Signature, 5D12-2401, 5D12-2403 (Fla. 5th DCA 2013): This consolidated appeal and cross-appeal arose from a breach of contract dispute. Bombardier manages an aircraft fleet for use by its clients across the United States. Signature is a Fixed Base Operator (“FBO”), providing ground services to aircraft owners/operators at airports nationwide. Bombardier and Signature entered […]

Wrongful Foreclosure or Breach of Contract: The Importance of Proper Pleading

Wrongful Foreclosure or Breach of Contract: The Importance of Proper Pleading It is necessary to allege sufficient facts so a court can determine if a claimant has a viable claim. Failure to allege sufficient facts opens the claim up to possible dismissal. Foxx v. Ocwen Loan Servicing, LLC, 8:11-CV-1766-T-17EAK, 2012 WL 2048252 (M.D. Fla. 2012). […]

Appealability of a Summary Judgment Denial after Verdict and Judgment

  Is a denial of a summary judgment appealable after verdict and judgment? The Fourth District Court of Appeal answered this question affirmatively in a recent decision and clarified the operative rules in Dr. Tim Ioannides, et al. v. Dr. Richard A. Romagosa, No. 4D10-4670 (Fla. 4th DCA, July 11, 2012).                                                       Ioannides involved a breach […]