FRIEDA JOYCE JOHNSON, PERSONAL REPRESENTATIVE OF THE ESTATE OF HORTON WINFIELD JOHNSON, FOR HERSELF AND FOR THE BENEFIT OF KEVIN LEE NIX, CYNTHIA ANN JOHNSON AND TAMARA JOYCE NIX, PLAINTIFFS-APPELLANTS,
v.
UNITED STATES OF AMERICA, DEFENDANT-APPELLEE

11th Cir. | 1987-09-28
No. 83-5764
Before RONEY, Chief Judge, GODBOLD, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HATCHETT, ANDERSON and CLARK, Circuit Judges.
828 F.2d 671 Court of Appeals for the Eleventh Circuit (1987) Caution
Cited by 22 cases
Opinion of the Court
ORDER:

ORDER:

Pursuant to the opinion issued by Supreme Court of the United States, — U.S. -, 107 S.Ct. 2063, 95 L.Ed.2d 648, the judgment rendered by the district court is AFFIRMED.

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  • Newberry Square Dev. Corp. v. S. Landmark, Inc., 578 So. 2d 750 (Fla. 1st DCA 1991)
    …of time, such a clause does not preclude recovery for delays resulting from a party’s fraud, concealment, or active interference with performance under the contract. See United States for the Use & Benefit of Seminole Sheetmetal Company v. SCI Inc., 828 F. 2d 671 (11th Cir.1987); C.A. Davis Inc. v. City of Miami, 400 So. 2d 536 (Fla. 3d DCA 1981), pet. for review dismissed 411 So. 2d 380 (Fla.1981). And despite such a clause damages may be awarded upon a “knowing delay” which is sufficiently egregious, see…
  • The United States v. W. States Mech. Contractors, Inc., 834 F.2d 1533 (10th Cir. 1987)
    …S. Fidelity and Guar. Co., 656 F. 2d 993, 997 (5th Cir. Unit B 1981) (quoting in part, Louisiana & Arkansas Ry. Co. v. Export Drum Co., 359 F. 2d 311, 317 (5th Cir.1966));6 see also United States ex rel [*1542] Seminole Sheet Metal Co. v. SCI, Inc., 828 F. 2d 671, 677-78 (11th Cir.1987) (looks to Florida law on prejudgment interest); United States ex rel. J.R. Canion v. Randall & Blake, 817 F. 2d 1188, 1193 (5th Cir.1987) (looks to Texas law on prejudgment interest); United States ex rel De Blasio Constr., I…
  • United States v. Harvesters Grp., Inc., 918 F.2d 915 (11th Cir. 1990)
    …ty of the contractual clause purportedly limiting the subcontractor’s remedy for delay is governed by the law of Florida, the state in which the agreement was executed and was to be performed. United States f/u/b/o Seminole Sheet Metal v. SCI, Inc., 828 F. 2d 671, 675 (11th Cir.1987). And under Florida law, “no damages for delay” clauses are generally valid and enforceable. Id. Thus, the “no damages for delay” clause — if that is what this clause really is — is not unenforceable in Florida as a matter of pu…

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