EXPRESS OIL CHANGE, INC., PLAINTIFF-APPELLEE,

v.

UNITED STATES OF AMERICA, DEFENDANT-APPELLANT

Citator

Cited By (61 total)

• Ins. Concepts & Design, Inc. v. Healthplan Servs., Inc., 785 So. 2d 1232 (Fla. 4th DCA 2001)
  …d 573, 575 (Fla. 4th DCA 1998)(emphasis added). The duty of good faith does not attach until the Plaintiff can establish a term of the contract that HPS was obligated to perform. Id.; see also Johnson Enter. of Jacksonville, Inc. v. FPL Group, Inc., 162 F. 3d 1290, 1314 (11th Cir.1998)(“[G]ood faith requirement does not exist ‘in the air’. Rather, it attaches only to the performance of a specific contractual obligation.”). Allowing a claim for breach of the implied covenant of good faith and fair dealing “whe…
• Snow v. Ruden, 896 So. 2d 787 (Fla. 2d DCA 2005)
  …There can be no cause of action for a breach of the implied covenant “absent an allegation that an express term of the contract has been breached.” Ins. Concepts, 785 So. 2d at 1234; see also Johnson Enters. of Jacksonville, Inc. v. FPL Group, Inc., 162 F. 3d 1290 (11th Cir.1998). Or, as stated in Avatar Development Corp. v. De Pani Construction, Inc., 834 So. 2d 873, 876 (Fla. 4th DCA 2002), “the covenant of good faith cannot be used to create a breach of contract on [one party’s] part where there was no b…
• Beach St. Bikes, Inc. v. Bourgett's Bike Works, Inc., 900 So. 2d 697 (Fla. 5th DCA 2005)
  …d 573, 575 (Fla. 4th DCA 1998)(emphasis added). The duty of good faith does not attach until the Plaintiff can establish a term of the contract that HPS was obligated to perform. Id.; see also Johnson Enter. of Jacksonville, Inc. v. FPL Group, Inc., 162 F. 3d 1290, 1314 (11th Cir. 1998)(“[G]ood faith requirement does not exist ‘in the air’. Rather, it attaches only to the performance of a specific contractual obligation.”). Allowing a claim for breach of the implied covenant of good faith and fair dealing “wh…