Breach of Contract Disputes

To prove the existence of a contract under Florida law, a plaintiff must plead: (1) offer; (2) acceptance; (3) consideration; and (4) sufficient specification of the essential terms. A breach of contract is a legal cause of action where the contract is not honored by a party to the agreement. A party filing a breach of contract cause of action must allege damages resulting from the breach. A breach of contract action may seek to compel performance, rescind, or collect damages.

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Pulte Home Corp. v. Bay at Cypress Creek Homeowners’ Assoc. Inc., 2D13-316 (Fla. 2d DCA 2013):

Pulte Home Corp. sought review of an order denying its renewed motion to compel arbitration of an action brought by Bay at Cypress Creek Homeowners’ Association (“HOA”) for alleged building code violations under Florida Statute §553.84. The Second District reversed the order under review on the authority of Pulte Home Corp. v. Vermillion Homeowners Ass’n, 109 So. 3d 233 (Fla. 2d DCA 2013).

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Kent v. Marmorstein, 4D13-386 (Fla. 4th DCA 2013):

The issue presented for the Fourth District’s review was whether the trial court erred by failing to dismiss the lawsuit for lack of personal jurisdiction. Marmorstein, a Florida resident, filed a complaint against Kent, a Michigan resident. Marmorstein alleged that he loaned Kent’s son $185,000 and that Kent personally guaranteed repayment. Marmorstein claimed that Kent signed a guarantee. The guarantee stated it would be governed by the laws of the State of Florida and that in the event of litigation, Broward County, Florida shall serve as venue. Kent denied having signed any contract.

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