CONDOTTE/DE MOYA JV
v.
P & S PAVING
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The termination of a contract does not terminate rights that accrued under the contract prior to its termination.
[1] Termination of a contract pursuant to a termination provision therein, even with proper notice, does not extinguish rights that accrued under the contract prior to its te…
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Join FLexlaw to unlock all legal intelligence“The termination of a contract in pursuance of a provision therein, even with proper notice, does not terminate the rights already accrued under it at the time of such termination.”
Court citing Chicago Title Ins. Co. v. Title Consultants, Inc., 472 So. 2d 1380, 1381 (Fla. 2d DCA 1985) as controlling authority
Condotte/De Moya JV and P&S Paving entered into a subcontract agreement that contained a termination provision. P&S Paving sought damages.…
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LOGUE, J.
The damages sought by P&S Paving, Inc. did not arise from the termination of the subcontract agreement. Accordingly, the remedy sought by P&S was not barred by the termination provision in the subcontract agreement. See Bernecker v. Bernecker, 60 So. 2d 399, 406 (Fla. 1952) (Concluding that the law had been erroneously applied where it was determined that “the termination of the contract,
even with proper notice, terminated rights already accrued under it at the time of such termination.”); Chicago Title Ins. Co. v. Title Consultants, Inc., 472 So. 2d
1380, 1381 (Fla. 2d DCA 1985) (“The termination of a contract in pursuance of a provision therein, even with proper notice, does not terminate the rights already accrued under it at the time of such termination.”) (citation omitted). We affirm on all other points.
Affirmed.
ANY POST-OPINION MOTION MUST BE FILED WITHIN SEVEN DAYS. A RESPONSE TO THE POST-OPINION MOTION MAY BE FILED WITHIN FIVE DAYS THEREAFTER.
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Rock-Weld Corp. OF Puerto RICO v. Rock-Weld Equip. Corp. OF Fla., 184 So. 2d 186 (Fla. 3d DCA 1966)…and one which would in addition to terminating the relationship also settle all outstanding claims. Cf., Durham Tropical Land Corp. v. Sun Garden Sales Co., 106 Fla. 429, 138 So. 21, 143 So. 758, 151 So. 327 (1931); Bernecker v. Bernecker, Fla.1952, 60 So. 2d 399; Hyman v. Cohen, Fla.1954, 73 So. 2d 393. See Annot., 166 A.L.R. 391, and 32 A.L.R. 209. The language of the quoted agreement is not so clear as to conclusively constitute a settlement agreement. Taken in context with its title it might be construe…
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condotte/de Moya Jv v. P & S Paving, 259 So. 3d 308 (Fla. 3d DCA 2018)…J. The damages sought by P&S Paving, Inc. did not arise from the termination of the subcontract agreement. Accordingly, the remedy sought by P&S was not barred by the termination provision in the subcontract agreement. See Bernecker v. Bernecker, 60 So. 2d 399, 406 (Fla. 1952) (Concluding that the law had been erroneously applied where it was determined that “the termination of the contract, even with proper notice, terminated rights already accrued under it at the time of such termination.”); Chicago Tit…
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Ruth v. United States Fid. & Guar. Co., 83 So. 2d 769 (Fla. 1955)…ame Association, as principals, and United States Fidelity and Guaranty Company, as surety, and the injunction was in force and effect until this Court directed that the injunction be dissolved and that the suit be dismissed. Biggs v. Willson, Fla., 60 So. 2d 399. The aforesaid injunction bond expressly provided that it was the joint and several obligation of the aforenamed principals and surety. Following dissolution of the injunction the obligees under said bond, consisting of the same persons who are the…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- condotte/de Moya Jv v. P & S Paving, 259 So. 3d 308 (Fla. 3d DCA 2018)
- Chicago Title Ins. Co. v. Title Consultants, Inc., 472 So. 2d 1380 (Fla. 2d DCA 1985)