ADRIAN DEVELOPERS CORP. v. DE LA FUENTE

No. 3D04-891.

905 So.2d 155 (2004)

ADRIAN DEVELOPERS CORP., a Florida corporation; Adrian Home Communities, Ltd., a Florida corporation; AHC at Monarch Lakes, Ltd., a Florida corporation; Adrian Homes With PMBC; Miller South Corp., a Florida corporation, and Pedro Adrian, Appellants/Cross-Appellees, v. Francisco DE LA FUENTE, individually and as trustee, and Barbara Lewis De La Fuente, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied July 13, 2005.


Attorney(s) appearing for the Case

Paul Morris, Miami and Brooks Alayon, LLP., for appellants/cross-appellees.

Billbrough Marks, P.A., and Geoffrey B. Marks; Roland R. St. Louis, for appellees/cross-appellants.

Before GERSTEN and FLETCHER, JJ., and HARRIS, CHARLES M., Senior Judge.


Rehearing and Rehearing En Banc Denied July 13, 2005.

PER CURIAM.

This appeal involves a time of the essence contract in which a payment was not timely made but which, when made, was not timely rejected. Thus, the issue is whether a right to terminate an agreement flowing from a time of the essence provision is waived by not terminating the agreement in a timely manner. We affirm the trial court's determination that the agreement was not properly terminated...

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