ISRAEL RIVERA, APPELLANT,
v.
ACTION CARGO SERVICE, INC., APPELLEE
ISRAEL RIVERA, APPELLANT,
ACTION CARGO SERVICE, INC., APPELLEE
499 So. 2d 49
Florida District Court of Appeal, Third District (1986)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
These consolidated appeals are taken from a summary judgment and final judgment entered in favor of plaintiff/appellee in its action for damages against defendant/appellant and a final summary judgment entered in favor of appellee as to appellant’s counterclaim.
Having carefully considered the briefs of counsel and the record on appeal, we conclude that there exist no genuine issues of material fact and that appellee was therefore entitled, as a matter of law, to the entry of the summary and final judgments under review.
Affirmed.
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City OF Miami Beach v. Carner, 579 So. 2d 248 (Fla. 3d DCA 1991)…e the argument that Carner-Ma-son may be limited to damages for partial breach since it elected its remedy by choosing to remain on the property for four years after declaring a breach had occurred. See Protean Investors, Inc. v. Travel, Etc., Inc., 499 So. 2d 49 (Fla. 3d DCA 1986); Doral Country Club, Inc. v. Curcie Bros., Inc., 174 So. 2d 749, 751 (Fla. 3d DCA), cert. denied, 180 So. 2d 656 (Fla.1965). Thus, upon remand, both the significance of Carner-Mason’s remaining on the property after declaring a br…
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Gonzalez v. I.J. Archer, 718 So. 2d 889 (Fla. 3d DCA 1998)…that he was in default of the 1993 lease due to the late payments. Such actions would cause a reasonable lessee to believe that the lessor did not intend to enforce the default provision on that basis. As in Protean Inv., Inc. v. Travel, Etc., Inc., 499 So. 2d 49 (Fla. 3d DCA 1986), under these circumstances, Archer is estopped from claiming that Gonzalez was in default of the lease due to late rental payments, and Archer, therefore, impliedly waived that lease provision. “A party may waive any rights to whi…