From Casetext: Smarter Legal Research

Linkous v. Linkous

District Court of Appeal of Florida, First District
Nov 8, 2006
941 So. 2d 530 (Fla. Dist. Ct. App. 2006)

Opinion

No. 1D06-0575.

November 8, 2006.

Appeal from the Circuit Court, Escambia County, Terry D. Terrell, J.

John H. Adams and Charles P. Hoskin of Emmanuel, Sheppard and Condon, Pensacola, for Appellant.

Ross A. Keene of Beroset Keene, Pensacola, for Appellee.


Appellant challenges the trial court's order finding that there was a valid contract between the parties. We affirm the trial court's order as to the validity of the contract, the finding that Appellant breached the contract, and the award of arrearages. We reverse only the trial court's grant of specific performance. Specific performance is an appropriate remedy only when there is no adequate remedy at law. Castigliano v. O'Connor, 911 So.2d 145, 148 (Fla. 3d DCA 2005). Because Appellee has an adequate remedy at law through a cause of action for breach of contract, specific performance is not an appropriate remedy in this case. See City of Cocoa v. Sullivan Packing Co., 167 So.2d 750, 752 (Fla. 2d DCA 1964).

AFFIRMED in part, REVERSED in part, and REMANDED.

BROWNING, C.J., KAHN, and DAVIS, JJ., concur.


Summaries of

Linkous v. Linkous

District Court of Appeal of Florida, First District
Nov 8, 2006
941 So. 2d 530 (Fla. Dist. Ct. App. 2006)
Case details for

Linkous v. Linkous

Case Details

Full title:CLAYTON E. LINKOUS, Appellant, v. BRENDA J. LINKOUS, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Nov 8, 2006

Citations

941 So. 2d 530 (Fla. Dist. Ct. App. 2006)

Citing Cases

Stevens Fam. Ltd. P.S. v. Paradise Isl. Ventures

In this case, the date of the breach was December 18, 2006; thus to prove damages Stevens would need to…

Palm Lake Partners II, LLC v. C & C Powerline, Inc.

See Castigliano v. O'Connor, 911 So.2d 145, 148 (Fla. 3d DCA 2005). See also Linkous v. Linkous, 941 So.2d…