Florida/Georgia Personal Injury & Workers Compensation

...of the statute through artful pleading. This risk is particularly acute in a case like this one, in which the equitable claim is so lacking in merit: the jet in question is not a unique good and Horowitch therefore cannot obtain specific performance to force its sale. See Fla. Stat. § 672.716(1) (adopting the Uniform Commercial Code 21 position that “[s]pecific performance may be decreed where the goods are unique or in other proper circumstances”); George Vining & Sons, Inc....

...lusive of any other remedy which might be available under *1292 the UCC. The UCC remedies include, (1) cancellation — Section 672.612; (2) "cover" and damages for non-delivery — Sections 672.712 and 672.713; (3) specific performance or replevin — Section 672.716; (4) rejection — Section 672.601; (5) revocation of acceptance — Section 672.608; and (6) damages for breach in regard to accepted goods — Section 672.714....

...At the hearing on the order to show cause, the trial judge ordered the issuance of a writ of replevin without setting a replevin bond. The parties agree that the sale of an aircraft is subject to the provisions of Article 2 of the Uniform Commercial Code. Section 672.716(3) reads: The buyer has a right of replevin for goods identified to the contract if after reasonable effort he is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if...

...14-16.) Plaintiff argues in response that the fourth produced D-Jet is "unique and has unique intrinsic value to Dr. Horowitch and the market." (Doc. No. 100 at p. 11.) The U.C.C. states that specific performance is available "where the goods are unique or in other proper circumstances." § 672.716(1), Fla....

...performance in cases dealing with land-sale contracts, the trial court has discretion to decide whether to grant or deny specific performance when not expressly provided for in the contract. See Mann v. Thompson, 100 So. 2d 634, 637 (Fla. 1st DCA 1958); § 672.716(1), Fla....

...of the statute through artful pleading. This risk is particularly acute in a case like this one, in which the equitable claim is so lacking in merit: the jet in question is not a unique good and Horowitch therefore cannot obtain specific performance to force its sale. See Fla. Stat. § 672.716(1) (adopting the Uniform Commercial Code 21 position that “[s]pecific performance may be decreed where the goods are unique or in other proper circumstances”); George Vining & Sons, Inc....

...a contract involving personal property when the property is of a unique character and value, such as an antique, and there is no adequate remedy at law.” Mangus v. Porter, 276 So. 2d 250, 251 n.1 (Fla. 3d DCA 1973) (citing Graham v. Herlong, 39 So. 111, 111 (Fla. 1905)); see also § 672.716(1), Fla....