Third District Court of Appeal
State of Florida
Opinion filed November 5, 2014.
Not final until disposition of timely filed motion for rehearing.
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No. 3D14-1511
Lower Tribunal No. 13-39670
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Regents Park Investments, LLC., a Florida Limited Liability
Company,
Appellant,
vs.
KAI Properties, LTD, a Florida Limited Partnership,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Ronald
Dresnick, Judge.
Arnaldo Velez, for appellant.
Duane Morris, Lida Rodriguez-Taseff, Nicole L. Levy and Charles C. Papy,
III; Joel S. Perwin, for appellee.
Before WELLS, EMAS and LOGUE, JJ.
WELLS, Judge.
Contract purchaser Regents Park Investments, LLC, appeals from a final
summary judgment following dismissal of its single-count complaint for specific
performance of a real estate sales transaction. Because the default provision
detailed in the contract for purchase and sale does not limit the remedies available
to the purchaser in the event of a default by the seller, the court below erred in
concluding that an action for specific performance could not be asserted. See
Coastal Computer Corp. v. Team Mgmt. Sys., Inc., 624 So. 2d 352, 352-53 (Fla.
2d DCA 1993) (finding that the appellant could “pursue any remedy that the law
affords” where the parties’ contract set out one remedy for its breach, but did not
also provide that this was an exclusive remedy); Dillard Homes, Inc. v. Carroll,
152 So. 2d 738, 739 (Fla. 3d DCA 1963) (confirming that where contract language
“discloses that the parties intended to limit [a non-breaching party’s] remedy in the
event” of default, remedies other than that provided in the contract, to include
specific performance, are precluded).
Accordingly, the judgment entered below is reversed and this matter
remanded for further proceedings.
2
Regents Park v. Kai Properties
Combined Opinion