ESTIME TANIS
v.
NIQUETTE DESTIN
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The trial court's judgment was affirmed. Anticipatory repudiation of a contract relieves the non-breaching party of its duty to further perform and creates an immediate cause of action for breach of contract.
[1] Anticipatory repudiation of a contract relieves the non-breaching party of its obligation to continue performance and gives rise to an immediate cause of action for breac…
[2] For a contract to be subject to specific performance, the obligations of the parties with respect to conditions of the contract and actions to be taken must be clear, def…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Without a record of the trial proceedings, the appellate court can not properly resolve the underlying factual issues so as to conclude that the trial court's judgment is not supported by the evidence or by an alternative theory.”
Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979)
Estime Tanis appealed a circuit court judgment entered by Judge William Thomas in Miami-Dade County in a contract dispute against Niquette Destin. The…
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Third District Court of Appeal
State of Florida
Opinion filed April 1, 2026.
Not final until disposition of timely filed motion for rehearing.
No. 3D25-1214 Lower Tribunal No. 23-25501-CA-01
Estime Tanis, Appellant,
vs.
Niquette Destin, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, William Thomas, Judge.
Law Offices of James Jean-Francois, P.A., and James Jean-Francois (Hollywood), for appellant.
Hutchison Law, and Courtney D. Hutchison (Naples); Rizk Law, PLLC, and Beshoy Rizk, for appellee.
Before FERNANDEZ, MILLER, and LOBREE, JJ.
PER CURIAM.
Affirmed. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (“Without a record of the trial proceedings, the appellate court can not properly resolve the underlying factual issues so as to conclude that the trial court's judgment is not supported by the evidence or by an alternative theory.”); see also Twenty-Four Collection, Inc. v. M. Weinbaum Const., Inc., 427 So. 2d 1110, 1111 (Fla. 3d DCA 1983) ("[A]nticipatory repudiation relieves the non-breaching party of its duty to further perform and creates in it an immediate cause of action for breach of contract."); Brown v. Dobry, 311 So. 2d 159, 160 (Fla. 2d DCA 1975) (“In order for a contract to be subject to specific performance, it must appear from the writing constituting the contract that the obligations of the parties with respect to conditions of the contract and actions to be taken by the parties are clear, definite and certain."); Craigside, LLC v. GDC View, LLC, 74 So. 3d 1087, 1090 (Fla. 1st DCA 2011) (“[A]nticipatory repudiation[] . . . gives rise to a claim for damages by the nonbreaching party." (citing Restatement (Second) of Contracts § 253 (1979))).
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Brown v. Dobry, 311 So. 2d 159 (Fla. 2d DCA 1975)
- The Twenty-Four Collection, Inc. v. M. Weinbaum Constr., Inc., 427 So. 2d 1110 (Fla. 3d DCA 1983)