Condotte/De Moya JV, LLC v. P & S Paving, Inc., 259 So. 3d 308 (2018)

Dec. 5, 2018 · District Court of Appeal of Florida, Third District · No. 3D17-1310

259 So. 3d 308

CONDOTTE/DE MOYA JV, LLC, et al., Appellants,
v.
P & S PAVING, INC., etc., Appellee.

No. 3D17-1310

District Court of Appeal of Florida, Third District.

Opinion filed December 5, 2018

Vezina, Lawrence & Piscitelli, P.A., and W. Robert Vezina, III, Eduardo S. Lombard and Megan S. Reynolds (Tallahassee); Joseph W. Lawrence, II (Fort Lauderdale), for appellants.

David A. Vukelja, P.A., and David A. Vukelja and Jarett A. de Paula (Ormond Beach), for appellee.

Before SUAREZ, LAGOA, and LOGUE, JJ.

LOGUE, J.

The damages sought by P & S Paving, Inc. did not arise from the termination of the subcontract agreement. Accordingly, the remedy sought by P & S was not barred by the termination provision in the subcontract agreement. See Bernecker v. Bernecker, 60 So.2d 399, 406 (Fla. 1952) (Concluding that the law had been erroneously applied where it was determined that "the termination of the contract, even with proper notice, terminated rights already accrued under it at the time of such termination."); Chicago Title Ins. Co. v. Title Consultants, Inc., 472 So.2d 1380, 1381 (Fla. 2d DCA 1985) ("The termination of a contract in pursuance of a provision therein, even with proper notice, does not terminate the rights already accrued under it at the time of such termination.") (citation omitted). We affirm on all other points.

Affirmed.

ANY POST-OPINION MOTION MUST BE FILED WITHIN SEVEN DAYS. A RESPONSE TO THE POST-OPINION MOTION MAY BE FILED WITHIN FIVE DAYS THEREAFTER.