HI-ACRES GROVES, INC., ET AL., APPELLANTS,
v.
E. POPE BASSETT, TRUSTEE, ET AL., APPELLEES
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DOWNEY, Judge.
On August 31,1976, this court temporarily relinquished jurisdiction of this cause to the trial court with directions that the trial court reconsider the evidence and determine whether the appellee sustained the material allegations of his complaint by competent and satisfactory proof which is clear, definite and certain as is required to warrant specific performance.
The trial judge has now advised this court by written order dated September 23, 1976, that upon reconsideration of the evidence he finds that the material allegations of the complaint were proven by competent and satisfactory evidence which is clear, definite, and certain.
Our consideration of the record demonstrates adequate support therein for such a finding. Accordingly, the judgment appealed from awarding specific performance to appellee is in all respects affirmed.
ALDERMAN, J., and SCHULZ, GEORGE E., Associate Judge, concur.
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Golden Cleaver Packing, Inc. v. G & M Hughes Corp., 490 So. 2d 1381 (Fla. 5th DCA 1986)…. Fla.R.Summ.P. 7.050(a)(2). . § 57.071(2), Fla.Stat. . This is not an action in equity to approve acceleration of installment payments and foreclosure of security. See, e.g., Montgomery Enterprises, Inc. v. Atlantic National Bank of Jacksonville, 338 So. 2d 1078 (Fla. 1st DCA 1976); New England Mutual Life Insurance Co. v. Luxury Home Builders, Inc., 311 So. 2d 160 (Fla. 3d DCA 1975). This is a law action and the trial court does not have the discretion to deny a plaintiff-creditor that to which it is legal…
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Smith v. Landy, 402 So. 2d 441 (Fla. 3d DCA 1981)…04 (1936); Jaudon v. Equitable Life Assurance Society of United States, 102 Fla. 782, 136 So. 517 (1931); Northside Bank of Miami v. LaMelle, 380 So. 2d 1322 (Fla. 3d DCA 1980); Montgomery Enterprises, Inc. v. Atlantic National Bank of Jacksonville, 338 So. 2d 1078 (Fla. 1st DCA 1976); Koschorek v. Fischer, 145 So. 2d 755 (Fla. 2d DCA 1962); (2) this result is unaffected by the failure of the Landys to specifically plead estoppel as an affirmative defense where the issue of estoppel was supported by evidence a…
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Walker v. Ford Motor Credit Co., 484 So. 2d 61 (Fla. 1st DCA 1986)…such a manner that it either waives its right to declare a contract in default or is estopped to do so without first giving the debtor notice of its intent to declare a default. Montgomery Enterprises, Inc. v. Atlantic National Bank of Jacksonville, 338 So. 2d 1078, 1080 (Fla. 1st DCA 1976), and cases cited therein. When a creditor’s conduct in habitually accepting late payments rises to [*63] the level of a waiver, then notice of intent to declare a default is ineffective to revoke such waiver and allow repos…
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