Opinion
Case No. 3D03-2025.
Opinion filed May 26, 2004.
An Appeal from a non-final order from the Circuit Court for Dade County, Marc Schumacher, Judge. Lower Tribunal No. 03-00551.
Silver, Garvett Henkel; Hersch Talisman and Patrice A. Talisman, for appellant.
Zarco Einhorn Salkowski and Alejandro Brito, for appellee.
Before SCHWARTZ, C.J., and LEVY, J., and COBB, WARREN, Senior Judge.
Because the appellee's failure to make a timely payment of rent constituted a clear and material breach of the parties' settlement agreement, the order under review denying the application for a final judgment for removal of tenant and for possession as the agreement also provided, is reversed and the cause remanded with instructions to grant the appellant that relief. See Sublime, Inc. v. Boardman's, Inc., 849 So.2d 470 (Fla. 4th DCA 2003); Treasure Coast, Inc. v. Ludlum Construction Co., 760 So.2d 232 (Fla. 4th DCA 2000).
The agreement specified that payment was to be made "by cashier's check or wire transfer." Instead, the appellee tenant tendered a simple corporate check which twice bounced.
Reversed and remanded.