JERRY J. RHODES, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• PNC Bank, N.A. v. Progressive Emp'r Servs. II, 55 So. 3d 655 (Fla. 4th DCA 2011)
  …ed or on the ninety-first day after receiving the required early termination notice from the borrowers. Since PNC Bank was not obligated to release its lien, PNC Bank could not have breached the Agreement by refusing to do so. See Miller v. Nifakos, 655 So. 2d 192, 193 (Fla. 4th DCA 1995) (“To establish a breach of contract, a party must show the existence of a contract, a breach thereof, and damages.”). The borrowers’ only claim against PNC Bank sounded in breach of the credit Agreement. As such, the trial c…
• Dino Kaklamanos and Keely Kaklamanos v. Allstate Ins. Co., 796 So. 2d 555 (Fla. 1st DCA 2001)
  …ty Ins. Co. v. Walden, 759 So. 2d 7 (Fla. 5th DCA 2000). The alleged anticipatory breach did not relieve the Plaintiff of the necessity of incurring and alleging damages in order to state a cause of action for breach of contract. Miller v. Nifakos, 655 So. 2d 192 (Fla. 4th DCA 1995); Plowden & Roberts, Inc. v. Conway, 192 So. 2d 528 (Fla. 4th DCA 1966). The Plaintiff failed to allege that she sustained any damages as a result of the Defendant’s alleged breach. Further, a plaintiff cannot obtain a judgment fo…
• Boca Golf View, Ltd. v. Hughes Hall, Inc., 843 So. 2d 992 (Fla. 4th DCA 2003)
  …non-jury trial. We reverse. Like a directed verdict in a jury trial, an involuntary dismissal is appropriate if the plaintiff fails to establish a prima facie case. See Lustig v. Garcia, 789 So. 2d 482, 483 (Fla. 4th DCA 2001); Miller v. Nifakos, 655 So. 2d 192, 193 (Fla. 4th DCA 1995). To rule on the motion for involuntary dismissal, the trial court was required to view the evidence in the light most favorable to the plaintiff, resolving every conflict and inference in its favor. See Dockery v. Enter. Ren…