Breach of contract and special performance
Appeal to vacate
School board filed claims after expiration of statute of limitations
The Langley Limited Partnership (“Langley”) spent years litigating in Lake County Circuit Court against the School Board of Lake County (“School Board”) regarding a contract dispute and a parcel of land. The contract between the parties provided that by a specific date, Langley had to deed over a parcel of property to the School Board. Langley lost at the trial level and Final Judgment was entered in favor of the School Board. Mr. Brownlee handled Langley’s appeal. Mr. Brownlee argued on appeal that the School Board’s lawsuit was time-barred by the Statute of Limitations. The Fifth District Court of Appeal agreed with Langley and reversed the Final Judgment in favor of the School Board and ordered that Final Judgment should instead be entered in favor of Langley. A reversal on appeal is difficult enough, but a reversal with directions that judgment be entered in favor of an appellant without further proceedings in the trial court is extremely rare.
113 So. 3d 995 (Fla. 5th DCA 2013)