Legal Opinion
Legacy Place Apartment Homes, LLC. v. PGA Gateway, Ltd.
District Court of Appeal of Florida
Decided July 27, 2011No. Nos. 4D10-990, 4D10-3053PublishedCited by 2 opinions
1Per curiam
We reverse the final judgment in favor of appellee on its breach of contract claim. First, we find that the record does not support appellee’s claims of substantial compliance. Because time was “of the essence” in the post-closing agreement, ap-pellee’s failure to complete construction of RCA Boulevard by the deadline in the contract constituted a material breach. Sublime, Inc. v. Boardman’s Inc., 849 So.2d 470, 471 (Fla. 4th DCA 2003). The doctrine of substantial performance is generally unavailable where a party has materially breached the terms of the agreement. Nat’l Constructors, Inc. v.…
2Cases cited7 opinions
- Sublime, Inc. v. Boardman's Inc.District Court of Appeal of Florida · 2003
- Detroit Diesel Corp. v. Atlantic Mutual Insurance Co.District Court of Appeal of Florida · 2009
- National Constructors, Inc. v. EllenbergDistrict Court of Appeal of Florida · 1996
- Lazzaro v. Miller & Solomon General Contractors, Inc.District Court of Appeal of Florida · 2010
- City of Zephyrhills v. WoodDistrict Court of Appeal of Florida · 2002
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3Cited by2 opinions
- Green Tree Servicing, LLC v. MilamDistrict Court of Appeal of Florida · 2015
- John L. Sobel and Richard G. Sobel v. Carol Lee Hellinger Sobel, as Trustee, etc.District Court of Appeal of Florida · 2024