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Collier v. Boney

Charles COLLIER, Elwood Collier, and Leonard Lockhart v. Walter T. BONEY

Collier v. Boney, 525 So. 2d 971 (Fla. Dist. Ct. App. 1988)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
May 12, 1988
Docket
No. BS-292
Judges
Booth, Wigginton, Zehmer
Citations
525 So. 2d 97113 Fla. L. Weekly 11321988 Fla. App. LEXIS 19821988 WL 47251

Opinion of the Court — Wigginton

Text extracted by OCR from a scanned original; check the original for exact wording.

WIGGINTON, Judge.

Appellants appeal the trial court’s order rescinding an agreement between the parties. We reverse and remand.

The agreement in question contained nine specific points which made various provisions for land swaps, easements, the dumping of spoil on a certain parcel, and the dedication of rights of way. Appellee’s complaint for rescission was based upon an issue involving the character of the spoil being dumped, pursuant to the agreement, onto a parcel of his land.

As the trial judge recognized, a fundamental requirement necessary for rescission of a contract is that the moving party has no adequate remedy at law. Crown Ice Machine Leasing Company v. Sam Senter Farms, Inc., 174 So.2d 614 (Fla. 2d DCA 1965). The evidence shows that appellee’s alleged damages in regard to the spoil issue can be remedied in a breach of contract action. Therefore, with an adequate remedy at law available to appellee, the grant of his prayer for rescission of the agreement in this case was improper relief.

Since the entire order on appeal was premised upon the erroneous rescission of the agreement, we reverse and remand for entry of an order to enforce the contract, for further proceedings necessary for treatment of any claims of breach or partial breach thereof, and for the awarding of consequent damages, if any.

REVERSED AND REMANDED for further proceedings consistent with this opinion.

BOOTH and ZEHMER, JJ., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 4 in all; the most informative distinct ones are shown.

1994: 21995: 12013: 12022: 22023: 12025: 119942026peak 1994 · 2

Relies on it most ⓘ

  1. Hall v. Burger King Corp.912 F. Supp. 1509 (S.D. Fla. 1995)
  2. Mettler, Inc. v. Ellen Tracy, Inc.648 So. 2d 253 (Fla. Dist. Ct. App. 1994)
  3. Sean Barber v. America's Wholesale Lender542 F. App'x 832 (11th Cir. 2013)
  4. State v. Davidson640 So. 2d 1254 (Fla. Dist. Ct. App. 1994)
  5. Metropolitan Life Insurance Company v. M.D. Fred A. LiebowitzNo. 22-11794 (11th Cir. July 10, 2023)
  6. Longo v. Campus Advantage, Inc.No. 8:20-cv-02651 (M.D. Fla. Mar. 1, 2022)

Most recent

  1. Advanced Care Pediatrics of Florida, LLC v. DPS PR Realty, Inc.No. 8:25-cv-00653 (M.D. Fla. Sept. 3, 2025)
  2. Metropolitan Life Insurance Company v. M.D. Fred A. LiebowitzNo. 22-11794 (11th Cir. July 10, 2023)
  3. Metropolitan Life Insurance Company v. LiebowitzNo. 2:20-cv-00276 (M.D. Fla. Mar. 21, 2022)
  4. Longo v. Campus Advantage, Inc.No. 8:20-cv-02651 (M.D. Fla. Mar. 1, 2022)
  5. Sean Barber v. America's Wholesale Lender542 F. App'x 832 (11th Cir. 2013)
  6. Hall v. Burger King Corp.912 F. Supp. 1509 (S.D. Fla. 1995)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Crown Ice MacHine Leas. Co. v. Sam Senter Farms, Inc., 174 So. 2d 614 (Fla. Dist. Ct. App. 1965) 52

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