VCG MYM I LLC
v.
SUNRISE LAND PARTNERS, LLLP, MATTAMY JACKSONVILLE, LLC, MATTAMY ORLANDO, LLC, MATTAMY TAMPA/SARASOTA, LLC, MATTAMY FLORIDA, LLC
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The trial court's findings regarding anticipatory breach of contract are affirmed because they are supported by competent substantial evidence.
[1] An anticipatory breach of contract occurs before the time for performance is due, when one party evinces an intention to refuse performance in the future.
[2] A party's unequivocal statement that they will not close on an agreement constitutes an anticipatory repudiation, thereby breaching the agreement.
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Join FLexlaw to unlock all legal intelligence“An anticipatory breach of contract occurs before the time has come when there is a present duty to perform as the result of words or acts evincing an intention to refuse performance in the future.”
Definition of anticipatory breach cited from Alvarez v. Rendon
VCG MYM I LLC appealed a circuit court decision involving a contract dispute with Sunrise Land Partners and related Mattamy entities. The case involve…
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SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ Case No. 6D23-1201 Lower Tribunal No. 2020-CA-003839-O
_____________________________
VCG MYM I LLC,
Appellant,
v.
SUNRISE LAND PARTNERS, LLLP, MATTAMY JACKSONVILLE, LLC, MATTAMY ORLANDO, LLC, MATTAMY TAMPA/SARASOTA, LLC, MATTAMY FLORIDA, LLC, Appellees.
_____________________________
Appeal from the Circuit Court for Orange County.
John E. Jordan, Judge.
November 9, 2023 PER CURIAM. AFFIRMED. See Alvarez v. Rendon, 953 So. 2d 702, 709 (Fla. 5th DCA 2007) (“An anticipatory breach of contract occurs before the time has come when there is a present duty to perform as the result of words or acts evincing an intention to refuse performance in the future.”); Craigside, LLC v. GDC View, LLC, 74 So. 3d 1087, 1090 (Fla. 1st DCA 2011) (“Craigside unequivocally informed GDC that Craigside was not going to close . . . . In doing so, Craigside communicated an anticipatory repudiation which breached the agreement.”); U.S. Bank Nat’l Ass’n as Tr. for Lehman XS Tr. Mortg. Pass-Through Certificates, Series 2006-16N v. Devoe, 315 So. 3d 1232, 1235 (Fla. 5th DCA 2021) (“Generally, in a non-jury trial, this Court will defer to the trial court’s findings of fact so long as those findings are supported by competent substantial evidence.”); Sinclair v. Sinclair, 804 So. 2d 589, 592 (Fla. 2d DCA 2002) (holding that in nonjury case, it is not for appellate court to reweigh evidence or substitute its judgment for that of trial court).1 TRAVER, C.J., and NARDELLA and MIZE, JJ., concur. Jesse Panuccio, of Boies Schiller Flexner, LLP, Fort Lauderdale, for Appellant. Peter J. McGinley, of Dechert, LLP, Philadelphia, Pennsylvania, and Steven A. Engel, of Dechert, LLP, Washington, D.C., Pro Hac Vice, for Appellant. Julissa Rodriguez, of Shutts & Bowen, LLP, Miami, and Eric C. Reed, Shutts & Bowen, LLP, Orlando, for Appellees. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Marcelino L. Alvarez, M.D. v. Susan M. Rendon, M.D., 953 So. 2d 702 (Fla. 5th DCA 2007)
- Sinclair v. Sinclair, 804 So. 2d 589 (Fla. 2d DCA 2002)
- Craigside, LLC v. GDC View, LLC, 74 So. 3d 1087 (Fla. 1st DCA 2011)