CHARLES COLLIER, ELWOOD COLLIER, AND LEONARD LOCKHART, ET AL., APPELLANTS,
v.
WALTER T. BONEY, APPELLEE
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The trial court improperly granted rescission of the agreement because the appellee had an adequate remedy at law through a breach of contract action.
The appellee sought rescission of an agreement involving land swaps and spoil dumping, alleging issues with the character of the spoil dumped on his l…
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WIGGINTON, Judge.
Appellants appeal the trial court’s order rescinding an agreement between the parties. We reverse and remand.
The agreement in question contained nine specific points which made various provisions for land swaps, easements, the dumping of spoil on a certain parcel, and the dedication of rights of way. Appellee’s complaint for rescission was based upon an issue involving the character of the spoil being dumped, pursuant to the agreement, onto a parcel of his land.
As the trial judge recognized, a fundamental requirement necessary for rescission of a contract is that the moving party has no adequate remedy at law. Crown Ice Machine Leasing Company v. Sam Senter Farms, Inc., 174 So. 2d 614 (Fla. 2d DCA 1965). The evidence shows that appellee’s alleged damages in regard to the spoil issue can be remedied in a breach of contract action. Therefore, with an adequate remedy at law available to appellee, the grant of his prayer for rescission of the agreement in this case was improper relief.
Since the entire order on appeal was premised upon the erroneous rescission of the agreement, we reverse and remand for entry of an order to enforce the contract, for further proceedings necessary for treatment of any claims of breach or partial breach thereof, and for the awarding of consequent damages, if any.
REVERSED AND REMANDED for further proceedings consistent with this opinion.
BOOTH and ZEHMER, JJ., concur.
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Mettler, Inc. v. Ellen Tracy, Inc., 648 So. 2d 253 (Fla. 2d DCA 1994)…2d DCA 1985). We agree, however, with the trial court that Mettler has failed to state a cause of action for rescission or interference with a business relationship. See Bass v. Parish, 616 So. 2d 1146 (Fla. 4th DCA 1993); Collier [*256] v. Boney, 525 So. 2d 971 (Fla. 1st DCA 1988); Azar v. Lehigh Corporation, 364 So. 2d 860 (Fla. 2d DCA 1978). We therefore affirm that portion of the trial court’s order dismissing the counts for rescission and interference with a business relationship. We reverse the court…
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Rost Invs., LLC v. Cameron, 302 So. 3d 445 (Fla. 2d DCA 2020)…ll to Rost's failure to make the repairs on the intake sheet or any other repairs. Moreover, as the trial court - 8 - noted, "rescission is an equitable remedy which is only available if the [Camerons] have no remedy at law," see Collier v. Boney, 525 So. 2d 971, 972 (Fla. 1st DCA 1988) ("[A] fundamental requirement necessary for rescission of a contract is that the moving party has no adequate remedy at law." (citing Crown Ice Machine Leasing Co. v. Sam Senter Farms, Inc., 174 So. 2d 614 (Fla. 2d DCA 1965)…
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State v. Davidson, 640 So. 2d 1254 (Fla. 3d DCA 1994)…PER CURIAM. Affirmed. Collier v. Boney, 525 So. 2d 971 (Fla. 1st DCA 1988); State v. Twelves, 463 So. 2d 493 (Fla. 2d DCA 1985).…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Crown ICE Mach. Leasing Co. v. SAM Senter Farms, Inc., 174 So. 2d 614 (Fla. 2d DCA 1965)