EFRON DORADO, S.E. v. REVERE HIGH YIELD FUND, L.P.

Third District Court of Appeal
State of Florida
Opinion filed September 22, 2021.
Not final until disposition of timely filed motion for rehearing.
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No. 3D20-1536
Lower Tribunal No. 16-13573
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Efron Dorado, S.E., et al.,
Appellants,
vs.
Revere High Yield Fund, L.P.,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Mavel Ruiz,
Judge.
The Ferraro Law Firm, and Leslie B. Rothenberg; Russomanno &
Borrello, P.A., and Herman J. Russomanno, III, for appellants.
Tabas & Soloff P.A., and Stacey F. Soloff and Michael K. Northrop, for
appellee.
Before FERNANDEZ, C.J., and LOGUE and BOKOR, JJ.
PER CURIAM.
Affirmed. Wonalancet Co. v. Banfield, 165 A. 785, 786-87 (Conn.
1933) (“A breach of an executory contract by anticipation, occurs only when
there is a distinct, unequivocal, and absolute refusal to perform. ‘The
renunciation must be so distinct that its purpose is manifest, and so absolute
that the intention to no longer abide by the terms of the contract is beyond
question.’”); see also Koski v. Eyles, 440 A.2d 317, 318 (Conn. Super. Ct.
1981) (applying same).
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