JUDITH ROBIN JONES, ET VIR., APPELLANTS/CROSS APPELLEES,

v.

ALTERMAN TRANSPORT LINES, INC., ET AL., APPELLEES/CROSS APPELLANTS

Citator

Cited By

• Ingersoll v. Warren Hoffman, D.D.S., 589 So. 2d 223 (Fla. 1991)
  …530 So. 2d 301 (Fla.1988). Thus, Ho-dusa was required under rule 1.120, Florida Rules of Civil Procedure, to plead nonperformance of the condition precedent “specifically and with particularity.” See Davie Westview Developers, Inc. v. BobLin, Inc., 533 So. 2d 879 (Fla. 4th DCA 1988). Hodusa’s second affirmative defense, captioned “Breach of Contract,” asserting that Abray had not fulfilled conditions of the contract in which the contractor’s affidavit is merely mentioned does not satisfy the standard prescri…

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• T.L. Paulk v. Peyton, 648 So. 2d 772 (Fla. 1st DCA 1994)
  …e of this condition precedent. Peyton’s averment of “without knowledge” did not satisfy the standard prescribed in rule 1.120(c). Consequently, Peyton waived compliance with this condition. Prestige; Davie Westview Developers, Inc. v. Bob-Lin, Inc., 533 So. 2d 879 (Fla. 4th DCA 1988), rev. denied, 545 So. 2d 1366 (Fla.1989) (failure to plead specifically and with particularity nonperformance of furnishing of contractor’s affidavit constitutes a waiver). Accordingly, the trial court erred in entering summary…
• Hodusa Corp. v. Abray Constr. Co., 546 So. 2d 1099 (Fla. 2d DCA 1989)
  …, 530 So. 2d 301 (Fla.1988). Thus, Hodusa was required under rule 1.120, Florida Rules of Civil Procedure, to plead nonperformance of the condition precedent “specifically and with particularity.” See Davie Westview Developers, Inc. v. BoblAn, Inc., 533 So. 2d 879 (Fla. 4th DCA 1988). Hodusa’s second affirmative defense, captioned “Breach of Contract,” asserting that Abray had not fulfilled conditions of the contract in which the contractor’s affidavit is merely mentioned does not satisfy the standard prescri…

Authorities Cited

• Decker v. State, 267 So. 2d 379 (Fla. 2d DCA 1972)
• Frederick v. Frederick, 267 So. 2d 379 (Fla. 4th DCA 1971)