RAYMOND THOMAS DAVIS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Precision Tune Auto Care, Inc. v. Radcliff, 731 So. 2d 744 (Fla. 4th DCA 1999)
  …agreement, preserving the status quo until the issue prompting this litigation is resolved. The issue is whether appellee franchisee breached the franchise contract. Appellants’ reliance on Burger Chef Systems, Inc. v. Burger Chef of Florida, Inc., 317 So. 2d 795 (Fla. 4th DCA 1975) is misplaced. In Burger Chef we concluded that a permanent injunction was not available to prevent a franchisor from terminating a franchise agreement. In the present case, the franchisee was seeking only a temporary injunction i…
• Allington Towers N., Inc. v. Rubin, 400 So. 2d 86 (Fla. 4th DCA 1981)
  …ist. Howard Cole & Co. v. Williams, 157 Fla. 851, 27 So. 2d 352 (1946). This court has also held that mutuality of obligation and remedy must exist for a specific performance suit to succeed. Burger Chef Systems, Inc. v. Burger Chef of Florida, Inc, 317 So. 2d 795 (Fla. 4th DCA 1975). The result of engrafting the addendum provision onto the contract is to require the seller to convey if the purchaser decides to go forward. On the other hand it leaves the seller with no corresponding right to enforce a sale a…
• Terex Trailer Corp. v. McILWAIN, 579 So. 2d 237 (Fla. 1st DCA 1991)
  …f remedy and obligation which would make specific performance an appropriate form of relief. Seaescape Ltd., Inc. v. Maximum Marketing Exposure, Inc., 568 So. 2d 952, 954 (Fla. 3d DCA 1990); Burger Chef Systems, Inc. v. Burger Chef of Florida, Inc., 317 So. 2d 795, 797 (Fla. 4th DCA 1975), cert. denied, 334 So. 2d 603 (Fla.1976); Montgomery Pipe & Tube Co. of Florida v. Mann, 205 So. 2d 660, 662 (Fla. 3d DCA 1968). In a related vein, it is well settled that jurisdiction of the subject matter cannot be conferr…

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Authorities Cited

• State v. Gustafson, 258 So. 2d 1 (Fla. 1972)