BARBARA SELIG, APPELLANT,
v.
SCOTT M. SANDLER, ET AL., APPELLEES

Fla. 3d DCA | 1994-07-26
Nos. 93-2492, 93-2868
Before SCHWARTZ, C.J., and JORGENSON and GODERICH, JJ.
642 So. 2d 766 Florida District Court of Appeal, Third District (1994) Positive Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We must affirm the trial court’s orders granting the defendants’ motions to strike the complaint as a sham pleading where appellant has failed to provide this court with a transcript of the evidentiary hearing or a proper substitute. Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla. 1979). The record presented to this court by the appellant is inadequate to demonstrate reversible error. Id.


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  • Ortiz v. PNC Bank, 188 So. 3d 923 (Fla. 4th DCA 2016)
    …rformance of a contract which, while not full performance, is so nearly equivalent to what was bargained for that it would be unreasonable, to deny the [party] the [benefit].” Casa Linda, Tile & Marble Installers, Inc. v. Highlands Place 1981, Ltd., 642 So. 2d 766, 768 (Fla. 4th DCA 1994) (quoting Ocean Ridge Dev. Corp. v. Quality Plastering, Inc., 247 So. 2d 72, 75 (Fla. 4th DCA 1971)). As such, we join our sister courts in applying a substantial com- [*926] plianee standard. See Bank of N.Y. Mellon v. Nunez…
  • Green Tree Servicing, LLC v. Milam, 177 So. 3d 7 (Fla. 2d DCA 2015)
    …contract which, while not full performance, is so nearly equivalent to what was bargained for that it would be unreasonable to deny” the other party the benefit of. the bargain. Casa Linda Tile & Marble Installers, Inc. v. Highlands Place 1981 Ltd., 642 So. 2d 766, 768 (Fla. 4th DCA 1994) (quoting Ocean Ridge Dev. C.orp. v. Quality Plastering, Inc., 247 So. 2d 72, 75 (Fla. 4th DCA 1971)); see also 15 Richard A. Lord, Williston on Contracts, § 44.52, 221-22 n. 17 (4th ed. 2000) (explaining that substantial per…
  • Nat'l Constructors, Inc. v. Ellenberg, 681 So. 2d 791 (Fla. 3d DCA 1996)
    …tract price subject to the promisor’s right to recover whatever damages may have been occasioned him by the promis-ee’s failure to render full performance. Id. at 75; see also Casa Linda Tile & Marble Installers, Inc. v. Highlands Place 1981, Ltd., 642 So. 2d 766, 768 (Fla. 4th DCA 1994) (“A contractor is not entitled to a [mechanic’s] lien in the absence of substantial performance.”); Braverman v. Van Bower, Inc., 583 So. 2d 381, 382 (Fla. 3d DCA) (finding a contractor not entitled to recovery on a mechanic…

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