You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Florida Jai Alai, Inc. v. S. CATERING

Citation: 388 So. 2d 1076Docket: 79-1825/T4-729

Court: District Court of Appeal of Florida; September 24, 1980; Florida; State Appellate Court

Narrative Opinion Summary

In this case, Florida Jai Alai, Inc. (appellant) and Southern Catering Services, Inc. (appellee) were involved in a legal dispute over a concession agreement established in 1972, granting Southern Catering exclusive rights to provide concession services at a Jai Alai fronton. In 1977, Florida Jai Alai attempted to terminate the agreement, alleging breaches by Southern Catering. The trial court found no such breach, affirming the agreement's validity and awarding damages to Southern Catering. However, the court also imposed a permanent injunction to prevent future termination or interference, which was later reversed on appeal. The appellate court found the injunction inappropriate due to the perpetual nature of the agreement and the lack of mutuality of remedy required for specific performance. The case was remanded with directions to adjust the judgment accordingly, emphasizing the impracticality of indefinite judicial enforcement. Judges Orfinger and Cobb concurred in the decision, underscoring the need for a balance between legal remedies and practical business operations.

Legal Issues Addressed

Imposition and Reversal of Permanent Injunctions

Application: The court reversed the permanent injunction that prevented Florida Jai Alai, Inc. from terminating the agreement, emphasizing the impracticality of enforcing such an injunction indefinitely.

Reasoning: The court affirmed the concession agreement's validity and ruled against the termination. However, it reversed the imposition of a permanent injunction that prevented Florida Jai Alai, Inc. from terminating the agreement.

Judicial Oversight in Perpetual Agreements

Application: The court expressed concerns about indefinite judicial oversight over the parties' business dealings due to the perpetual nature of the original agreement.

Reasoning: The court also noted the impracticality of enforcing a perpetual injunction, as it would impose an ongoing judicial oversight inappropriate for the court’s role.

Mutuality of Remedy in Specific Performance

Application: The court highlighted the necessity of mutuality of remedy for specific performance, which was problematic in this case due to the perpetual nature of the agreement.

Reasoning: For specific performance to be valid, mutuality of remedy is necessary, which appeared challenging in this case.

Termination of Contractual Agreements

Application: The court examined whether Florida Jai Alai, Inc. lawfully terminated the concession agreement with Southern Catering Services, Inc. and found no breach had occurred, affirming the agreement's validity.

Reasoning: Following a trial, the court found no breach occurred and ordered Florida Jai Alai, Inc. to pay Southern Catering Services, Inc. $17,519.30.