EMILIO ALFONSO VERA AND ALLIED FIDELITY INSURANCE COMPANY, AN INDIANA CORPORATION, APPELLANTS,

v.

STATE OF FLORIDA, FOR THE USE AND BENEFIT OF DADE COUNTY, APPELLEE

Citator

Cited By

• Horatio Enters., Inc. v. Rabin, 614 So. 2d 555 (Fla. 3d DCA 1993)
  …a forfeiture when the effect of enforcing the tenant’s default would result in an eviction which would be unconscionable, inequitable or unjust under the circumstances. Amerifirst Fed. Sav. and Loan [*557] Ass’n v. Century 21 Commodore Plaza, Inc., 416 So. 2d 45 (Fla. 3d DCA 1982); Smith v. Winn Dixie Stores, Inc., supra. The trial court made an equitable determni-nation4 in refusing to declare a forfeiture and its determination was entitled to the presumption of correctness. Accordingly, the decision of t…
• Smith v. Winn Dixie Stores, Inc., 448 So. 2d 62 (Fla. 3d DCA 1984)
  …enforcing the tenant’s default would result in an eviction which would be unconscionable, inequitable or unjust under the circumstances. Rader v. Prather, [100 Fla. 591], 130 So. 15 (Fla.1930), and Amerifirst Federal Savings and Loan v. Century 21, 416 So. 2d 45 (Fla. 3rd D.C.A. 1982); Brady v. Edgar, 415 So. 2d 141 (Fla. 5th D.C.A.1982). It-has long been the law in this State that contractual provisions for forfeiture are not favored and will be strictly construed against the party seeking to invoke them a…
• LA Boutique OF Beauty Acad., Inc. v. Meloy, 436 So. 2d 396 (Fla. 2d DCA 1983)
  …enied where the default is merely technical or where the overall equities of a particular case warrant such a result. River Holding Co. v. Nickel, 62 So. 2d 702 (Fla.1952); Amerifirst Federal Savings & Loan Ass’n v. Century 21 Commodore Plaza, Inc., 416 So. 2d 45 (Fla. 3d DCA 1982); Rockwood v. DeRosa, 279 So. 2d 54 (Fla. 4th DCA 1973); Pearson v. Arthur, 248 So. 2d 227 (Fla. 3d DCA 1971); Schechtman v. Grobbel, 226 So. 2d 1 (Fla. 2d DCA 1969); Koschorek v. Fischer, 145 So. 2d 755 (Fla. 2d DCA 1962); and Lie…

Authorities Cited

• Allied Fid. Ins. Co. v. State, 415 So. 2d 109 (Fla. 3d DCA 1982)