Legal Opinion
Peach State Roofing, Inc. v. 2224 South Trail Corp.
District Court of Appeal of Florida
Decided March 6, 2009No. Nos. 2D07-278, 2D07-1077PublishedCited by 4 opinions
1Opinion of the Court
LOGAN, WALT, Associate Judge.
Peach State Roofing, Inc. (Peach State), appeals a final judgment awarding damages to 2224 Trail Corp. (Trail) on its claim for breach of contract. We hold that the trial court improperly found an implied term in a contract which by its terms was clear and unambiguous and that there was a failure to prove damages as of the date of the breach. We therefore reverse the final judgment in its entirety and remand to the trial court for entry of judgment in favor of Peach State.
Peach State contracted on August 2, 2001, with Trail to put a new roof on Trail’s…
2Cases cited6 opinions
- Emergency Associates of Tampa PA v. SassanoDistrict Court of Appeal of Florida · 1995
- Grossman Holdings Ltd. v. HourihanSupreme Court of Florida · 1982
- Beach Resort Hotel Corporation v. WiederSupreme Court of Florida · 1955
- Leopold v. Kimball Hill Homes Florida, Inc.District Court of Appeal of Florida · 2003
- CAULKINS INDIATOWN CITRUS CO. v. Nevins Fruit Co., Inc.District Court of Appeal of Florida · 2002
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3Cited by4 opinions
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- Witt v. La Gorce Country Club, Inc.District Court of Appeal of Florida · 2010
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