Agape Comm. v. Rose Printing Co.

Full title: AGAPE COMMUNITY (ORTHODOX CATHOLIC) a Tennessee corporation, Appellant, v…

Court: District Court of Appeal of Florida, First District

Date published: Mar 8, 2001

779 So. 2d 638 (Fla. Dist. Ct. App. 2001)

Opinion

No. 1D00-351.

Opinion filed March 8, 2001.

An appeal from the Circuit Court for Leon County. Judge L. Ralph Smith.

Stuart A. Christmas, Tallahassee, for Appellant.

Ronald A. Mowrey and Donna S. Biggins of Mowrey Biggins, P.A., Tallahassee, for Appellee.

PER CURIAM.

Affirmed. Whether a party has substantially performed a contract is an issue of fact. See Grant v. Wester, 679 So.2d 1301 (Fla. 1st DCA 1996). The trial court's factual determination that the appellee substantially performed the contract is supported by competent substantial evidence.See Cipolato v. Cooper, 230 So.2d 687 (Fla. 3d DCA 1970).

Benton, Padovano and Polston, JJ., Concur.