Orlando Breach of Contract Case Update

A recent case of interest to Orlando breach of contract attorneys is Allied Shelving & Equipment, Inc. v. National Deli, LLC 2015 WL 72487, (Fla. 3d DCA Jan. 7, 2015).  Allied Shelving illustrates two important concepts for Orlando breach of contract lawyers:  be careful when initially drafting the contract to ensure the appropriate law applies to the deal; and when your deal goes bad and you have to sue for breach of contract, make sure you create a good record for appeal.

In Allied Shelving, the parties entered into a contract to install a number of very large shelves in National Deli’s warehouse.  Both parties were unhappy after the shelves were installed and a lawsuit ensued in which both parties claimed the other materially breached the contract.  The trial court found for National Deli, meaning Allied first materially breached the contract, entitling National Deli to damages.  After trial, Allied’s attorney appealed, arguing that the trial court erred when it applied Florida common law instead of the Florida Uniform Commercial Code (UCC).  The district court affirmed the trial court because the parties and their lawyers failed to provide a record of the trial court proceedings. (They failed to hire a court reporter to transcribe the trial proceedings.)  Worse yet, (at least for Allied Shelving) the attorneys failed to include a copy of the parties’ contract in the appellate record.  Without a record of the trial court proceedings, and without the contract, the appellate court obviously could not examine the record for errors.

Orlando Breach of Contract Attorney Analysis

The moral of this story is an ounce of prevention is worth a pound of cure in Orlando breach of contract disputes.  A little extra time and effort on the front end of this transaction would have allowed the parties and their attorneys to define up front whether Florida common law or the Florida UCC applied to the contract, so there would have been no issue to appeal.  Finally, if things do go bad and you have to go to trial on your breach of contract dispute, make sure you create a good record for appeal.  Even if it had the winning argument, Allied Shelving had absolutely no chance of winning this appeal because there was no transcript for the appellate court to review and no contract for the appellate court to review, so pay attention Orlando breach of contract attorneys.

 

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