CLAYTON E. LINKOUS, APPELLANT,
v.
BRENDA J. LINKOUS, APPELLEE
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PER CURIAM.
Appellant challenges the trial court’s order finding that there was a valid contract between the parties. We affirm the trial court’s order as to the validity of the contract, the finding that Appellant breached the contract, and the award of arrearages. We reverse only the trial court’s grant of specific performance. Specific performance is an appropriate remedy only when there is no adequate remedy at law. Castigliano v. O’Connor, 911 So. 2d 145, 148 (Fla. 3d DCA 2005). Because Appellee has an adequate remedy at law through a cause of action for breach of contract, specific performance is not an appropriate remedy in this case. See City of Cocoa v. Sullivan Packing Co., 167 So. 2d 750, 752 (Fla. 2d DCA 1964).
AFFIRMED in part, REVERSED in part, and REMANDED.
BROWNING, C.J., KAHN, and DAVIS, JJ., concur.
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DePRINCE v. Starboard Cruise Servs., Inc., 163 So. 3d 586 (Fla. 3d DCA 2015)…y be invoked in a breach of contract action under certain circumstances. See Rybovich Boat Works, Inc. v. Atkins, 585 So. 2d 270, 272 (Fla.1991) (“[T]he remedy of specific performance is not a matter of right.” (emphasis added)); Linkous v. Linkous, 941 So. 2d 530, 530 (Fla. 1st DCA 2006) (“Specific performance is an appropriate remedy only when there is no adequate remedy at law.” (emphasis added)); Frank Silvestri, Inc. v. Hilltop Devs., Inc., 418 So. 2d 1201, 1203 (Fla. 5th DCA 1982) (explaining that in a…
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Palm Lake P'rs II, LLC v. C & C Powerline, Inc., 38 So. 3d 844 (Fla. 1st DCA 2010)…ted only when (1) the plaintiff is clearly entitled to it, (2) there is no adequate remedy at law, and (3) the judge believes that justice requires it. See Castigliano v. O’Connor, 911 So. 2d 145, 148 (Fla. 3d DCA 2005). See also Linkous v. Linkous, 941 So. 2d 530, 530 (Fla. 1st DCA 2006). The "granting of specific performance 'rests largely in the discretion of the [judge] but the right to exercise this judicial discretion does not extend to the power or authority to contravene the legal requirements which m…
Authorities Cited
- Castigliano v. O'Connor, 911 So. 2d 145 (Fla. 3d DCA 2005)
- City OF Cocoa v. Sullivan Packing Co., 167 So. 2d 750 (Fla. 2d DCA 1964)