defenses to specific performance florida

Its true, that most claims that cannot be negotiated or settled end up in courtrooms where dollars and cents are awarded by a judge or jury; however, there are times when money just wont get the injured party justice. However, Florida law does allow a seller of real estate to file a lawsuit against a buyer, who refuses to close, seeking specific performance. (10) In addition to satisfaction of prima facie elements, Florida courts must also consider the following in determining whether to grant injunctive relief: (a) the nature of the interest to be protected, (b) the relative adequacy to the plaintiff of injunction and of other remedies, (c) any unreasonable delay by the plaintiff in bringing suit, (d) any related misconduct on the part of the plaintiff, (e) the relative hardship likely to result to defendant if an injunction is granted and to plaintiff if it is denied, (f) the interests of third persons and of the public, and (g) the practicability of framing and enforcing the order or judgment. During the six-year contingency period, the buyer spent substantial monies to secure permits. Written Contracts - Specific Performance | South Florida Mediation Lawyer Mora v. Karr, 697 So.2d 887 (Fla. 4th DCA 1997). Top Defenses to Breach of Contract in Florida However, there is also something called specific performance which is an equitable remedy in some breach of contract matters. Defenses to a Breach of Contract Claim | Nolo In Florida, the statute of limitations for breach of contract claims is: 5 years for written contracts; 4 years for oral contracts; 1 year for specific performance of a contract (requiring a party to perform a specific action per an existing contract) ", "Sweeney is incredibly effective and aggressive when necessary. This proposition stands as strongly today. For instance, in M&M Realty Partners at Hagen Ranch, LLC v. Mazzoni, 2020 WL 7296793 (11th Cir. PN&r8<8;U,: )~h[qj Fla. May 1, 2017). 3d 1202, 1213 (Fla. 1st DCA 2020). Tier 3 New York Giants. 12 C.F.R. When a party to a contract fails to perform their contractual obligations, the injured party has a right to file a lawsuit for breach of contract. has represented buyers and sellers in various specific performance matters concerning all types of real estate throughout Florida. Breach of Implied in Fact Contract, Breach: 06. A Q&A guide to common defenses to contract claims under Florida common law. If you found this information helpful, please share this article and bookmark it for your future reference. This field is for validation purposes and should be left unchanged. As an equitable remedy, a defendant can also defend against an award of specific performance if they can demonstrate serious unfairness, undue hardship or unreasonable prejudicial delay. (18) A temporary injunction will not be overturned absent a clear abuse of discretion. Ames v. Ames, 204 So.3d 132, 133 (Fla. 4th DCA 2016). The jurisdiction of equity to grant such injunction is substantially coincident with its jurisdiction to compel a specific performance. PDF Florida - Force Majeure Law - Watt Tieder Only the full satisfaction of the plaintiffs monetary damages would prevent the plaintiff from pursuing specific performance. Fourth District:Leposky v. Ego, 348 So.3d 1160 (Fla. 4th DCA Oct. 14, 2022); Point Conversions, LLC v. WPB Hotel Partners, LLC, 324 So.3d 947, 956 (Fla. 4th DCA 2021); Shake v. Yes We Are Mad Grp., Inc., 315 So.3d 1223, 1226-27 (Fla. 4th DCA 2021); Hinners v. Hinners, 312 So. In May 1978, a Lutheran church here in Florida decided to sell some land to a corporation named Tom Jones Enterprises. CA 90067, 237 S. Dixie Hwy. Sweeney Law, P.A. Thats four years where the land was in dispute and a good lesson and encouragement for alternative dispute resolution for many people today. Most real estate lawyers, like Larry Tolchinsky, offer a free initial consultation (over the phone or in person, whichever you prefer) to answer your questions. The Giants allowed 5.3 yards per play last season, a top 10 figure in the . There must also be other pertinent factors besides the buyer merely possessing the subject property. If a legal remedy will put the injured party in the position he or she would have enjoyed had the contract been fully performed, then the court will use that option instead. Florida's New Jury Instructions in Contract and - The Florida Bar Part 226 (Regulation Z) Liable Parties Creditor (generally the original lender) Assignee, if violation "apparent on face" of documents See Tate v. Jones, 16 Fla. 216 (1877) (explaining that the buyer also paid part of the purchase price);Taylor v. Mathews, 53 Fla. 776 (1907) (clarifying that the buyer also made substantial improvements to the property). While many litigants would prefer specific performance over money, the requirements for obtaining specific performance are stringent as courts generally prefer to award monetary damages for a breach. When someone files a suit for specific performance, the party who did not breach the contract, or the plaintiff, asks the court to order the party in breach, the defendant, to perform their end of the contract. Specific Performance 1 Elements and Case Citations Plaintiff and Defendant are parties to a contract; Plaintiff performed its obligation under the contract or is ready, willing and able to perform; Defendant refused to perform its obligation under the contract; and No adequate remedy at law exists. 1601, et seq. Copyright 2023 AboutFloridaLaw.com. Representatives of Our Savior Lutheran Church signed an official contract with representatives of Tom Jones Enterprises for the sale, and the document included the following language: Months passed. Regularly Prosecutes and Defends. Can Writing on a Check Create a New Contract. (14) No temporary injunction shall be entered unless a bond is given by the movant in an amount the court deems proper, conditioned for the payment of costs and damages sustained by the adverse party if the adverse party is wrongfully enjoined. Fla.R.Civ.P. Thus, the court may deny this remedy even when the terms of the contract are unambiguous, and the remedy is available. hbbd``b`@ H0k _$ { ( The trial court granted the motion finding that the property owners failed to comply with the right of first refusal and the right of first refusal remained in effect. Fla. 2015)(Marra, K.). In some situations, the harmed party asks for and receives a court order that forces the other side to go through with the deal, or to specifically perform under the terms of the real estate agreement. The purpose of this election of remedies doctrine is to preclude the plaintiff from obtaining a windfall by double-recovering its damages under alternative (or mutually exclusive) theories of liability. Breach of Joint Venture Agreement, Breach: 04. When a Commercial Contract Doesn't Have a Force Majeure Clause: Common Laches is considered an equitable defense which means that the defendant can only raise a laches defense if the plaintiff is seeking an equitable remedy. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Address: 2100 E. Hallandale Beach Blvd Suite 200 Hallandale Beach, Florida 33009. 66 0 obj <>stream Please note that we have no control over how frequently the experts update their rankings. How to Compel Specific Performance of a Contract - Romano Law Clements v. Leonard, 70 So.2d 840 (Fla. 1954). 2d 1193, 1195 (Fla. 4th DCA 1982), citing Restatement (Second) of Torts 936 (1979). Extra-Contractual Damages cannot be Recovered against Property Insurer Absent Bad Faith Claim, In Ruling on Motion to Compel Arbitration, Trial Court Must Determine whether Parties Bound by Arbitration Provision, Recording Documents in Public Records to put Others on Constructive Notice, Proposals for Settlement and Dismissals WITHOUT PREJUDICE, Just because You Recovered an Affirmative Judgment does NOT Mean you Are the Prevailing Party for Purposes of Attorneys Fees, PLEAD SUFFICIENT ALLEGATIONS SUPPORTING PERSONAL JURISDICTION, Pleading the 5th Amendment Right Against Self Incrimination in a Civil Dispute, Owner can Testify as to the Value of His Property, Piercing the Corporate Veil is NO Easy Feat, 3-Step Process to Determine Production of Document under Trade Secret Privilege, Loss of Future Earning Capacity Damages Must be Proven with Reasonable Degree of Certainty, Declaration Cannot Take Away Common Elements in a Condominium, Properly Alleging a Trade Secret Misappropriation Claim under Florida Law. It is important to consult anattorneybefore entering into any agreements and prior to bringing a lawsuit in order to protect your rights and seek appropriate recovery for your losses. 2020)(Note: The Eleventh Circuit has always required each of the four preliminary-injunction elements to be clearly established before imposing the drastic remedy of a preliminary injunction.). "Latest Update" refers to when we last checked for revised rankings. 452, 465 (Fla. 2nd DCA Dec. 2, 2022);Surgery Ctr. https://www.huntlawgrp.com/sec-issues-proposal-to-improve-disclosures-related-to-businesses-acquisitions-and-dispositions/, 8200 Seminole Boulevard 52 0 obj <> endobj [oItA;{Ok1uM*y1icS|: v h Southern District:Tulsiyan v. Jaddou, 2022 WL 4596707, *2 (S.D. Wanting the terms of the contract fulfilled rather than payment for harm is not unreasonable, since you entered the contract for a reason in the first place. There are three types of claims that a laches defense usually apply to: specific performance, contract rescission, and contract reformation. Therefore, we strongly recommend talking with a Florida real estate lawyer to learn your rights. Common Defenses for a Breach of Contract Claim Except that Tom Jones Enterprises wanted that land. Florida Courts have consistently held that, " despite the non-performing party's asserted defense, Florida law provides the performing party with possible counterarguments to the statute of frauds. Blockchain Technologies and Digital Currencies, Intellectual Property Licensing and Assignments, Privacy Policies and Terms and Conditions, Intellectual Property Rights Clearance for Film and Television Productions, Talent Agency and Artist Management Contracts, Student-Athlete Name, Image & Likeness Rules, Non-Compete and Non-Solicitation Agreements in Employment Law, Sexual Orientation and Gender Identity Discrimination. - The would-be beneficiary relies on and takes certain actions based on the promise. Are we screwed? Instead, they may try to negotiate damages to get out of the contract theyve signed and move forward. Cox v. La Pota, 76 So.2d 662 (Fla. 1955). Florida Rules: Rule 1.610, Fla. R. Civ. M&M Realty Partners at Hagen Ranch, supra, at *2 (internal citations omitted). 2d 732, 736 (Fla. 1975)(including clear legal right element) with Naegele Outdoor Advertising Co., Inc. v. City of Jacksonville, 659 So. (2) Statute of Limitations: 95.11 (3) (p), Fla. Stat. (4) A court may not enter a temporary injunction unless there are [c]lear, definite and unequivocally sufficient factual findings support[ing] each of the four conclusions necessary to justify entry of a temporary injunction. Bellach v. Huggs of Naples, Inc., 704 So.2d 679, 680 (Fla. 2d DCA 1997)(emphasis added); see also Snibbe v. Napoleonic Society of Am., Inc., 682 So.2d 568, 570 (Fla. 2d DCA 1996)([t]he [courts] findings must do more than parrot each tine of the four-prong test); see also Tesoro Property Owners Assn v. Tesoro Commons, LLC, 237 So.3d 403, 404 (Fla. 4th DCA 2018). Brendan A. Sweeney, Esq., is an AV Preeminent Martindale Rated Attorney, that has been recognized as a Florida Super Lawyer in 2019, Florida Legal Elite in 2019, and as a Florida Super Lawyer Rising Star in 2018, 2017, 2016, 2015, and 2014. (3) Injunctive relief is an extraordinary and drastic equitable remedy, which should be granted sparingly and only after the moving party has satisfied every one of the demanding prerequisites for such relief. All rights reserved. So, the church notified the buyer that the deal would be open until November 13, 1978 because of the zoning problem and then on November 27, 1978, the representatives of Our Savior Lutheran Church returned the earnest money to Tom Jones Enterprises and considered the deal to be over. I told her that blackmail wasnt necessary. Another example is specific corporate stock in situations where the stock is not listed on the open market or its a closely held company. Williamson v. Williamson, 367 So.2d 1016, 1018 (Fla. 1979)( [H]e who seeks equity must stand before the court with clean hands and he who seeks equity must do equity.);PNC Bank, Natl Assn v. Smith, 225 So.3d 294, 295 (Fla. 5th DCA 2017). 5:18-CV-267-TKW/MJF, 2021 WL 260244, at *2 (N.D. Fla. Jan. 5, 2021). If a plaintiff could double recover on mutually exclusive theories of liability based on inconsistent facts, then plaintiffs would recover double than what they are rightfully entitled to. Fla. 2003)(Specific performance is a form of injunctive relief). Why? Can Siblings Force The Sale Of Inherited Property? Accordingly, a claim for promissory estoppel in Florida can only been made when: - One person makes a statement (verbally or in writing) indicating that they will do something to benefit another person. Davis v. Joyner, 409 So. Specific performance is not typically granted for personal property unless it is an item that cannot be easily valued in an open market setting, like a family heirloom that would have more personal and emotional value than financial value. Its business, just business, in many of these scenarios. Subscribe to The Florida Litigation Guide To Access Everything! With a Contractual Right, Tortious Interference: 3. Why Sue for Specific Performance of a Florida Real Estate Contract? If the seller feigned his or her ownership and never actually held title to the property, then they would not have title to convey through the buyers action for specific performance. It also covers procedural and equitable defenses specific to breach of contract. 2d 500, 501 (Fla. 4th DCA 1996). The plaintiff moved for summary judgment where its motion claimed that upon election of its remedy, it seeks damages or specific performance. Compare Wilson v. Sandstrom, 317 So. ; see also Williams v. Victim Justice, P.C., 198 So.3d 822, 826 (Fla. 2d DCA 2016). Specific performance is an alternative to seeking monetary damages as compensation for losing the benefit of a contract. 2023 Defense & Special Teams Best Ball Rankings | FantasyPros We therefore reverse and remand with instructions to enter final judgment for appellant, voiding the purchase and sale agreement. Ins. Defenses may either be negative or affirmative. In fact, we think the option was never exercised. Summarizing, the buyer-appellee has not shown by clear, definite and certain proof that the term of the option was longer than six months.The purported exercise of the option on November 28, 1978, was not only too late, Pattison v. Reid, 303 So.2d 40 (Fla. 3d DCA 1974), but was also ineffective. Suite 101 Under Florida law, forcing that buyer to perform can only be done by a court if there is no other adequate remedy at law. If the judge tries to order specific performance and the buyer can establish that other remedies were available (i.e. The trial court denied this motion finding that the plaintiff already made an election of remedies to recover monetary damages and that the property owners original purchase and sale contract with the buyer was not longer effective due to the property owner cancelling the contract. Then she hopes the Seller doesnt sue for Specific Performance. March 1, 2022); Chanel, Inc. v. exquisite527620 Store, 2021 WL 6135077, *3 (S.D. . 5 However, the performance must be more than difficult or burdensome.6 The defense of impossibility of performance refers to the occurrence of an event that is Florida courts have held that specific performance may be granted under an oral contract but only in the narrow circumstance where the buyer is already in custody of the property at the start of the buyers action against the seller. Specific performanceis a method of remedy recognized in every state, as well as under federal law. The rapid spread of the COVID-19 pandemic, and stringent government orders regulating the movement and gathering of people issued in response, continues to raise concerns about parties' abilities to comply with contractual terms across a variety of industries. Contracts, Compliance, and Coronavirus - Defenses to - Bradley In Florida, not every contract can be granted specific performance, no matter how much the injured party wants to force the other side to go through and comply with the terms of the contract. Though not entirely impossible. Los Angeles. The trial court held that the option to take as is was timely exercised. As I said in last week's Schein Nine, NFL offenses are more creative and dynamic than ever before. Yet, even when the buyer is in possession, said possession alone will not be enough to enforce specific performance. 3 Types of Foreclosure DefensesIn Florida, This offer is subject to the buyer obtaining rezoning within 6 months from current zoning to R2 Multifamily. Supreme Court: Fla. Dept of Health v. Florigrown, LLC, 317 So.3d 1101, 1110 (Fla. 2021); Gainesville Women Care, LLC v. State of Fla. 210 So.3d 1243, 1258 (Fla. 2017); Liberty Counsel v. Fla. Bar Bd. For Florida purposes, specific performance pursues the specific enforcement of transferring ownership of the subject property as contracted for in the underlying sales contract. Tom Jones sued for specific performance. ALL RIGHTS RESERVED. Specific performance is typically awarded when money cannot adequately compensate the injured party and when the contractual obligation is unique or difficult to value. hmO0_n/*@*IYHiR%Fo;;N-"QL0"q@ 1D !2DFJSzd.S eqFnc:+,q'gJezjsG3's?s;/[ 4t&hiqqv.teHpzob2pv| N(b2 Once a lawsuit requesting specific performance of a real estate sales contract is filed in Florida, that land cannot be sold until the litigation is resolved no matter how long that might take. This Q&A covers defenses to contract formation, performance, and damages. 2d 1046, 1047 (Fla. 1995)(including elements listed above); see also Alorda v. Sutton Place Homeowners Assoc, 82 So.3d 1077, 1080 (Fla. 2d DCA 2012)(including clear legal right element); Hatfield v. AutoNation, Inc., 939 So.2d 155, 157 (Fla. 4th DCA 2006)(same); Heslop v. Moore, 716 So. All of this makes the specific performance remedy difficult to enforce when the agreement to sell real estate is an oral contract. ROMANO LAW Co. v. Quinco Electrical, Inc., et al., 2022 WL 1230110, *2 (M.D. What Is 'Specific Performance' as a Legal Remedy? - Findlaw Specific performance is a type of equitable remedy available in a breach of contract action. (four years); Hollywood Lakes Section Civic Assn, Inc. v. City of Hollywood, 676 So. 19-62687-CIV, 2021 WL 2682561, at *3 (S.D. Do you have questions or comments? Answers to questions can be compared across many jurisdictions (see Breach of Contract Defenses: State Q&A Tool). Because this is a broad standard, predicting what the court will do is not necessarily easy. All Rights Reserved. The factors in a laches defense are: 1) the defendant's conduct gives rise to the complaint; 2) the plaintiff's failure to file suit after notice of the defendant's (Rel.1-3/05 Pub.1366) 3.03[3]Limitation of Actions 3-8 LexisNexis Practice Guide on Florida Civil Procedure - LexisNexis Proprietary - He is very nice and even mannered when you deal with him, however, when we went to court he was vicious and completely embarrassed the other side. A temporary injunction will serve the public interest. The seller refused claiming the buyer had not satisfied all conditions to closing, prompting this lawsuit for specific performance. A Misrepresentation is Not the Same as a Breach of Contract, Owner Jointly and Severally Liable for Nondelegable Duty, Corporation Administratively Dissolved for Failing to File Annual Report can Still Prosecute Action, Application of the Non-Party Fabre Defendant, Evidentiary Hearing when Lis Pendens NOT based on Duly Recorded Instrument, Mandatory or Permissive Forum Selection Provision, Limitation on Real Estate Brokers Procuring Cause Doctrine, The Declaration of Condominium Says what It Says, Employer cannot Retaliate against Employee for Workers Compensation Claim, Enforcement of Non-Compete and Non-Solicitation Provision, Absolute Immunity Protects Public Officials from Defamation. Waiver of Breach; Specific Performance The waiver of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other breach. Address is 4 Linwood Drive, Fort Walton Beach, Florida. So, if you can purchase another similar item elsewhere, then specific performance is not likely the remedy. See 1. Breach of Third-Party Beneficiary Contract, Breach: 05. Phone: (954) 361-4720 monetary damages), then that trial court judge will be reversed on appeal unless specific performance is an express remedy granted in the purchase contract. 18th Floor 2019 - 2023 Law Office of Clifford J. They would prefer to force payment or forbid someone from taking a specific action. However, courts are not always keen on using their power to compel someone to do something. Specific Performance - Florida Litigation Guide Miller v. Rolfe, 97 So.2d 132 (Fla. 1stDCA 1957). E.g., Florida High School Activities Assn v. Mander, 932 So.2d 314, 316 (Fla. 2d DCA 2006) (citing cases); see also Forrest v. Citi Residential Lending, Inc., 73 So.3d 269, 279 (Fla. 2d DCA 2011). Seminole, FL 33772 Though, this remedy is only available to the buyer if the seller does indeed hold proper title to the property to convey. The Allegro at Boynton Beach, L.L.C. The Eleventh Circuit Court of Appeals affirmed. Second District:Freeman as Trustee of Fiddlesticks Land Trust U/A/D September 25, 1984 v. Berrin, 352 So. New York, NY 10004, 1925 Century Park East The property owner and buyer could not negate this irrevocable option by simply terminating the purchase and sale contract only to enter a new agreement. Florida Specific Performance in Real Estate Agreements. Closing date on Friday the 11th of August. (5) [P]laintiff must demonstrate likelihood of success on the merits as to asserted affirmative defenses as well aselements of plaintiffs prima facie case. See, e.g., Bradley v. Health Coalition, Inc., 687 So.2d 329, 333 (Fla. 3d DCA 1997)(emphasis added). All rights reserved. Both claims were predicated on the same facts. Understanding Promissory Estoppel in Florida Contract Law Then, if specific performance is awarded, the seller can then recover from the buyer the full purchase price as contemplated in the contact plus any incidental damages. For reference, there are certain subjects where specific performance comes up more often, including real estate and the exchange of other unique property. Breach of Implied in Fact Contract, Breach: 06. Equitable remedies are those that do not involve the plaintiff receiving a monetary damages award, or financial compensation. You can follow David Adelstein on Twitter @DavidAdelstein1. "Florida courts do not limit the defense to specific categories of facts. Breach Implied Covenant of Good Faith & Fair Dealing, Breach: 10. Miami, FL 33133, 2221 Camino del Rio South endstream endobj startxref Fla. 2021); Wynn v. Vilsack, 545 F.Supp.3d 1271, 1276 (M.D. by Larry Tolchinsky | Closings, Condos and Townhouses, Florida Law, Florida Real Estate, Real Estate, Real Estate Title | 1 comment. Here are several specific affirmative defenses you might use in a State of Florida contracts lawsuit. See, e.g., Northwestern Nat. A party may not obtain judgment for two remedies that are factually inconsistent. I ended up making a profit off of the debt. 2d 1361, 1367 (S.D. In that situation, the buyers only remedy would be to seek money damages from the seller. v. Kartenovich, 749 So.2d 1290, 1291 (Fla. 3d DCA 2000); Nivel Parts & Mnf. Fla. April 12, 2022); Anderson v. United Airlines, Inc., F.Supp..3d , 2021 WL 6337144, *3 (M.D. 57 0 obj <>/Filter/FlateDecode/ID[<84184014DA34C17FF3F3310B382B15BA><0007A45C78623F49A1409ECD71D9317B>]/Index[52 15]/Info 51 0 R/Length 49/Prev 34531/Root 53 0 R/Size 67/Type/XRef/W[1 2 1]>>stream Airport Executive Towers v. CIG Realty, Inc., 716 So.2d 311, 313 (Fla. 3d DCA 1998); see also Naegele Outdoor Advertising Co., Inc. v. City of Jacksonville, 659 So.2d 1046, 1047 (Fla. 1995) (advancing a merely colorable claim is not enough to show a substantial likelihood of success); Silver Rose Entertainment, Inc. v. Clay County, 646 So.2d 246, 248 (Fla. 1st DCA 1994)(same). NFL Defense Power Rankings: All 32 defenses ranked into 5 - PFF The term specific performance originated in English law, as courts back in England were divided into courts of equity and courts of law. Fla. R. Civ. Even without force . P. 1.110 (d) (pleading affirmative defenses), and other standard defenses. Manner in which Information (Such as Customer Lists) Compiled can Constitute Trade Secret, Forum Non Conveniens Heavy Burden for Defendant, Third-Party Complaint Must Allege Claim for Indemnification, Subrogation, or Contribution, Negligent Training, Retention, Supervision, and Entrustment Claims Against Individual Officers and Agents, Nonbinding Arbitrations under Florida Law and Moving for a Trial De Novo, Five-Year Statute of Limitation Applies to Reformation of Written Instrument Claim, Floridas Judicially Created Impact Rule and Emotional Distress, Attorneys Fee as an Element of Compensatory Damages, Value of Restrictive Covenant when Moving for Permanent Injunction, Reasonable Attorneys Fee Hearing Does Attorney Need to Testify at Hearing, Word to the Wise: File Your Notice of Appeal TIMELY, Contract is Not Hearsay; It has Independent Legal Significance, Voluntarily Dismissing a Lawsuit that Gives Rise to Attorneys Fees (Oh No! You are asking the court to require the other party to specifically perform an affirmative obligation. 2d 488, 492 (Fla. 2d DCA 1964)(explaining why the same general rules apply to injunctions against the breach of a contract that apply to specific performance)(citations omitted); Grant v. U.S., 289 F. Supp. Specific performance shall only be granted when 1) the plaintiff is clearly entitled to it, 2) there is no adequate remedy at law, and 3) the judge believes that justice requires it. 9. Specific Performance and Florida Contract Law When it comes to contract disputes, the most common remedy involves financial restitution. Statute of limitations bars Plaintiff's claim (s). With the Parent-Child Relationship, Unfair Competition Trade Name, Service Mark and Trade Mark Infringement, Wrongful Interference with Testamentary Expectancy. D. Excuse of performance. This is why I call him the Miracle Maker. ", "Brendan is a diligent attorney who will fight for your rights. In The Allegro at Boynton Beach, the plaintiff had a right of first refusal over real property owned by the property owner. through this website does not create an attorney-client relationship, and any information I send is not protected by attorney-client privilege. Co. v. Greenspun, 330 So. 3d 183, 186 (Fla. 2009). Recently, she expressed if we cancel, she hopes the Seller will release the Contract. PDF LexisNexis Practice Guide on Florida Civil Procedure However, even if the plaintiff has an available remedy at law, specific performance may be granted if the court determines that the remedy at law is not as certain, prompt, complete and efficient as the remedy in equity. Contact our Seminole office today at 727-471-0444 to schedule an initial consultation. This remedy is generally available to both buyers and the sellers. (2) Statute of Limitations: 95.11(3)(p), Fla. Stat. Also, Plaintiff does not come into this suit with clean hands. hb```f``e ,7>wu j03C1C7`C$ ]@gT0 '

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