Estime Tanis v. Niquette Destin

Opinion

Third District Court of Appeal State of Florida

Opinion filed April 1, 2026. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D25-1214 Lower Tribunal No. 23-25501-CA-01 ________________

Estime Tanis, Appellant,

vs.

Niquette Destin, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, William Thomas, Judge.

Law Offices of James Jean-Francois, P.A., and James Jean-Francois (Hollywood), for appellant.

Hutchison Law, and Courtney D. Hutchison (Naples); Rizk Law, PLLC, and Beshoy Rizk, for appellee.

Before FERNANDEZ, MILLER, and LOBREE, JJ.

PER CURIAM. Affirmed. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d

1150, 1152 (Fla. 1979) (“Without a record of the trial proceedings, the

appellate court can not properly resolve the underlying factual issues so as

to conclude that the trial court's judgment is not supported by the evidence

or by an alternative theory.”); see also Twenty-Four Collection, Inc. v. M.

Weinbaum Const., Inc., 427 So. 2d 1110, 1111 (Fla. 3d DCA 1983)

(“[A]nticipatory repudiation relieves the non-breaching party of its duty to

further perform and creates in it an immediate cause of action for breach of

contract.”); Brown v. Dobry, 311 So. 2d 159, 160 (Fla. 2d DCA 1975) (“In

order for a contract to be subject to specific performance, it must appear from

the writing constituting the contract that the obligations of the parties with

respect to conditions of the contract and actions to be taken by the parties

are clear, definite and certain.”); Craigside, LLC v. GDC View, LLC, 74 So.

3d 1087, 1090 (Fla. 1st DCA 2011) (“[A]nticipatory repudiation[] . . . gives

rise to a claim for damages by the nonbreaching party.” (citing Restatement

(Second) of Contracts § 253 (1979))).