COMMAND SEC. CORP. v. MOFFA

No. 4D10-4831.

84 So.3d 1097 (2012)

COMMAND SECURITY CORPORATION, a New York corporation, Appellant, v. John A. MOFFA, Assignee for the Estate of Eagle International Group, LLC, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 26, 2012.


Attorney(s) appearing for the Case

L. Joseph Shaheen and Chaila D. Restall of Akerman Senterfitt, Tampa, and Douglass B. Maynard , Ashley F. Waters of Akin Gump Strauss Hauer & Feld, LLP, New York, New York, for appellant.

Mark Bonacquisti and John A. Moffa of Moffa & Bonacquisti, P.A., Plantation, for appellee.


LEVINE, J.

The issue presented in this case is whether the deadline for seeking a post-closing purchase price adjustment was material to the contract. We find that the deadline was not material to the contract, as time was not of the essence. We, therefore, reverse the ruling of the trial court.

Appellee was appointed assignee and charged with liquidating the assets of Eagle International Group, an insolvent corporation. The parties entered into an asset purchase...

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