ERNEST M. BRYANT AND ALICE P. BRYANT, APPELLANTS,
v.
JOHN M. BRINKLEY AND UNITED STATES FIDELITY AND GUARANTY COMPANY, A CORPORATION, APPELLEES
ERNEST M. BRYANT AND ALICE P. BRYANT, APPELLANTS,
JOHN M. BRINKLEY AND UNITED STATES FIDELITY AND GUARANTY COMPANY, A CORPORATION, APPELLEES
247 So. 2d 72
Florida District Court of Appeal, First District (1971)
Caution
Cited by 44 cases
Opinion of the Court
The briefs and the record on appeal have been read and given full consideration, and appellant having failed to demonstrate reversible error, the judgment of the lower court appealed from is affirmed.
CARROLL, DONALD, Acting C. J., RAWLS, J., and MELVIN, WOODROW M., Associate Judge, concur.
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Ortiz v. PNC Bank, 188 So. 3d 923 (Fla. 4th DCA 2016)…ned for that it would be unreasonable, to deny the [party] the [benefit].” Casa Linda, Tile & Marble Installers, Inc. v. Highlands Place 1981, Ltd., 642 So. 2d 766, 768 (Fla. 4th DCA 1994) (quoting Ocean Ridge Dev. Corp. v. Quality Plastering, Inc., 247 So. 2d 72, 75 (Fla. 4th DCA 1971)). As such, we join our sister courts in applying a substantial com- [*926] plianee standard. See Bank of N.Y. Mellon v. Nunez, 180 So. 3d 160, 162-63 (Fla. 3d DCA 2015) (noting opinions of the First, Second and Fifth District…
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Green Tree Servicing, LLC v. Milam, 177 So. 3d 7 (Fla. 2d DCA 2015)…would be unreasonable to deny” the other party the benefit of. the bargain. Casa Linda Tile & Marble Installers, Inc. v. Highlands Place 1981 Ltd., 642 So. 2d 766, 768 (Fla. 4th DCA 1994) (quoting Ocean Ridge Dev. C.orp. v. Quality Plastering, Inc., 247 So. 2d 72, 75 (Fla. 4th DCA 1971)); see also 15 Richard A. Lord, Williston on Contracts, § 44.52, 221-22 n. 17 (4th ed. 2000) (explaining that substantial performance excuses a technical breach because “actual performance is so similar to the required perform…
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Motorola Commc'ns & Elecs., Inc. v. Nat'l Patient Aids, Inc., 427 So. 2d 1042 (Fla. 4th DCA 1983)…ruptcy proceedings had terminated. His counsel was not served with a copy of the final judgment or notice of appeal. . As to the filing of a counterclaim with which to allege a set-off, see Ocean Ridge Development Corp. v. Quality Plastering, Inc., 247 So. 2d 72 (Fla. 4th DCA 1971); and Southeastern Builders, Inc. v. Joe Brashears Steel, Inc., 336 So. 2d 1228 (Fla. 1st DCA 1976). . Section 679.507(1), Florida Statutes (1977), provided: If it is established that the secured party is not proceeding in accor…
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