JACQUELINE DUTRA, APPELLANT,
v.
CHANCE T. KAPLAN AND MARNIE KAPLAN, HUSBAND AND WIFE, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Dutra appeals a summary judgment dismissing her breach of contract claim as time-barred. The court reverses, holding that when a party repudiates a contract, the statute of limitations begins to run from the time of actual breach (when performance becomes due), not from the date of the repudiation, if the non-breaching party elects to await performance.
The statute of limitations for Dutra's breach of contract claim began to run in 2009 when the five-year payment period expired and Kaplan failed to perform, not in April 2004 when Kaplan repudiated the contract. Because Dutra elected to await the time for performance rather than treat the repudiation as an immediate breach, the limitations period did not begin until actual breach occurred.
[1] The statute of limitations for a breach of contract claim accrues when the last element constituting the action occurs, which is typically the time of the breach.
[2] A statement by a party indicating an unwillingness or inability to perform contractual obligations before the time for performance constitutes an anticipatory breach.
Previewing 2 of 5 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“when an anticipatory breach occurs, the non-breaching party has the right: [F]irst, to rescind the contract altogether; second, to elect to treat the repudiation as a breach by bringing suit or by making some change in position; or, third, to await the time for performance of the contract and bring suit after that time has arrived.”
Establishes the three legal options available to a non-breaching party when the other party repudiates a contract before performance is due.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIn 2002, Dutra and Kaplan entered a written agreement to jointly purchase a house, with a provision that if they ceased cohabitation, Kaplan could pur…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Breach Of Contract Accrual cases and more on FLexlaw
Appellant Jacqueline Dutra (“Dutra”) appeals a summary final judgment entered in favor of Appellee Dr. Chance Kaplan (“Kaplan”) based upon the trial court’s finding that the statute of limitations on Dutra’s claim, filed in 2009, had expired. We reverse. The limitations period for Dutra’s breach of contract claim began to run in 2009, and not in 2004, as argued by Kaplan. Therefore, Dutra timely brought her claim.
In 2002, the parties entered into a written agreement regarding their mutual purchase of a house. The agreement contained a provision regarding the disposition of the house in the event the parties no longer desired to reside there together. In pertinent part that provision states:
... in that event, the interest of Ms. Dutra in the Property shall first be offered to Dr. Kaplan and if he shall elect to purchase Ms. Dutra’s interest then he shall repay to Ms. Dutra the monies invested by her in acquiring subject Property, over a period of not more than five (5) years interest free ...
In March 2004, the parties determined that they would no longer reside together in the house. Dutra moved out and, pursuant to the agreement, Kaplan elected to purchase Dutra’s interest in the house. A dispute then arose as to the amount Kap-lan was obligated to pay Dutra pursuant to the agreement. In April 2004, Kaplan advised Dutra that if she did not accept the amount he offered, he would not repay her any of the money she claimed was owed under the agreement. Kaplan continued to live in the house and, true to his word, made no payments under the agreement to Dutra before April 2009. In August 2009, Dutra filed this action for breach of contract and other relief.
Kaplan argued below, as he does here, that the statute of limitations began to run in April 2004, when he made clear to Dutra that he would not make payment under the agreement. Kaplan’s theory was that the five year statute of limitations *1192for breach of contract, section 95.11(2)(b), Florida Statutes (2004), began to run on that date and, therefore, the time for Du-tra to file her breach of contract claim expired in April 2009. We do not agree.
Kaplan’s statement constituted an anticipatory breach of contract which gave rise to three options for Dutra. As was stated in Barbara G. Banks, P.A. v. Thomas D. Lardin, P.A., 938 So.2d 571 (Fla. 4th DCA 2006), when an anticipatory breach occurs, the non-breaching party has the right:
[F]irst, to rescind the contract altogether; second, to elect to treat the repudiation as a breach by bringing suit or by making some change in position1; or, third, to await the time for performance of the contract and bring suit after that time has arrived.
Id. at 575, citing Williston on Contracts and Perry v. Shaw, 152 Fla. 765, 13 So.2d 811 (1943). See also, Franconia Assocs. v. U.S., 536 U.S. 129, 122 S.Ct. 1993, 153 L.Ed.2d 132 (2002) (“the promisor’s renunciation of a ‘contractual duty before the time fixed in the contract for performance is a repudiation.’ [] Such a repudiation ripens into a breach prior to the time for performance only if the promisee ‘elects to treat it as such.’ ”) and Degirmenci v. Sapphire-Fort Lauderdale, LLP, 693 F.Supp.2d 1325,1345 (S.D.Fla.2010), citing Franconia and Barbara G. Banks, supra.
In this case Dutra elected the third option. She gave Kaplan the full five years to make the payment due under the contract. When he failed to do so, Dutra’s claim for breach of contract accrued. See, § 95.031(1), Fla. Stat. (2004) (“A cause of action accrues when the last element constituting the action occurs.”). Plainly, Du-tra brought her action within five years of that breach. Thus, the trial court erred when it ruled that the statute of limitations had expired prior to the institution of this action.
Reversed and remanded for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Spalter v. Am. Nat'l Ins. Co. (S.D. Fla. 2019)…he contract becomes due upon death. Plaintiff points to Florida law holding that the statute of limitations period, for anticipatory repudiation claims, may accrue when performance becomes due, not as soon as a breach occurs. See Dutra v. Kaplan, 137 So. 3d 1190, 1192 (Fla. 3d DCA 2014). The Court, however, is unpersuaded. First and foremost, Plaintiff fails to specifically cite to a single case in this State holding that the doctrine of anticipatory repudiation applies to life insurance contracts, such t…
Authorities Cited
- Franconia Assocs. v. United States, 536 U.S. 129 (U.S. 2002)
- Degirmenci v. Sapphire-Fort Lauderdale, LLLP, 693 F. Supp. 2d 1325 (S.D. Fla. 2010)
- Perry v. Shaw, 152 Fla. 765 (Fla. 1942)
- Barbara G. Banks, P.A. v. Thomas D. Lardin, P.A., 938 So. 2d 571 (Fla. 4th DCA 2006)