This week, Bernhard Law Firm successfully obtained the dismissal of an appeal challenging the firm’s win in a dispute to void a $1.1 million refusal option in a Miami real estate contract (Florida Bar disclaimer: results may not be typical. You may not have as beneficial a result). If you have questions about real estate disputes, financial disagreements, contract interpretation, and Florida appeals, please contact Bernhard Law Firm at www.bernhardlawfirm.com, 786-871-3349, abernhard@bernhardlawfirm.com.

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Bernhard Law Firm successfully argued that the appellants had waived their right to appeal through several abandoning acts. Under Florida law, a person waives a claim to legal rights where (i) the person had knowledge of an existing legal right, and (ii) acts inconsistent with that legal right. See, e.g., Hammond v. DSY Developers, LLC, 951 So. 2d 985, 988 (Fla. 3d DCA 2007) (holding seller’s mailing of counteroffer after deadline for acceptance constituted an implied waiver of the acceptance date); Inverrary Gardens Condo. I Ass’n, Inc. v. Spender, 939 So. 2d 1159, 1161 (Fla. 4th DCA 2006) (holding manager waived right to arbitrate breach of contract claim); Mike Bradford & Co. v. Gulf States Steel Co., 184 So. 2d 911, 915 (Fla. 3d DCA 1966) (holding company with full knowledge of its rights waived right to arbitrate upon answering without raising arbitration).

This week, the appellate court agreed with Bernhard Law Firm and dismissed the appeal, thereby confirming Bernhard Law Firm’s win in the trial court. If you have questions about real estate disputes, financial disagreements, and contract interpretation, please contact Bernhard Law Firm at www.bernhardlawfirm.com, 786-871-3349, abernhard@bernhardlawfirm.com.