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LEGACY PLACE APARTMENT HOMES, LLC v. PGA GATEWAY, LTD.

Nos. 4D10-990, 4D10-3053.

65 So.3d 644 (2011)

LEGACY PLACE APARTMENT HOMES, LLC, Appellant, v. PGA GATEWAY, LTD., a Florida limited partnership, Appellee.

District Court of Appeal of Florida, Fourth District.

July 27, 2011.

Attorney(s) appearing for the Case

Bryan S. Gowdy of Creed & Gowdy, P.A., Jacksonville, for appellant.

Julissa Rodriguez , Elliot H. Scherker and Elaine D. Walter of Greenberg Traurig, P.A., Miami, and Jason H. Okleshen and Gary M. Dunkel of Greenberg Traurig, P.A., West Palm Beach, for appellee.

PER CURIAM.

We reverse the final judgment in favor of appellee on its breach of contract claim. First, we find that the record does not support appellee's claims of substantial compliance. Because time was "of the essence" in the post-closing agreement, appellee's failure to complete construction of RCA Boulevard by the deadline in the contract constituted a material breach. Sublime, Inc. v. Boardman's Inc., 849 So.2d 470

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