Paley v. Cocoa Masonry, Inc., 82-1181

Decision Date22 June 1983
Docket NumberNo. 82-1181,82-1181
Citation433 So.2d 70
PartiesSidney H. PALEY and Allen Tucker, Appellants, v. COCOA MASONRY, INC., Roy Paul, James T. Paul, Cocoa Masonry of Pinellas County, Inc., Cocoa Masonry of Orange County, Inc., and Cocoa, Inc., Appellees.
CourtFlorida District Court of Appeals

Barry J. McCaughey of McCaughey, Knaust & Evans, St. Petersburg, for appellants.

Seymour A. Gordon of Gay & Gordon, St. Petersburg, for appellees.

DANAHY, Judge.

The appellees(Cocoa Masonry) entered into a construction contract with Paltuco Caribbean of Florida, Inc.(Paltuco).The contract contained the following provision:

Neither party to this contract shall assign same or sublet it as a whole without the written consent of the other nor shall [Cocoa Masonry] assign any monies due or to become due to [it] hereunder without the previous written consent of [Paltuco].

The appellants brought these actions for breach of contract and equitable relief claiming that Cocoa Masonry was guilty of a breach of contract, and asserting that they are assignees of Paltuco's claims against Cocoa Masonry under the contract.The trial judge held the assignment by Paltuco to the appellants invalid under the provision of the contract quoted above, and dismissed the actions with prejudice.This appeal followed.

We disagree with the trial judge's ruling on the validity of the assignment, and reverse.Recently, our sistercourt had occasion to point out that a clause which forbids the assignment of a party's "rights" under a contract does not preclude the assignment of an accrued claim for damages arising from its breach.Cordis Corp. v. Sonics International, Inc., 427 So.2d 782(Fla. 3d DCA1983).The clause involved in the Cordis case provided that the rights of the distributor shall not be assigned or transferred without the written consent of the other party to...

Get this document and AI-powered insights with a free trial of vLex and Vincent AI

Get Started for Free

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex
5 cases
  • U.S. Industries, Inc. v. Touche Ross & Co.
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • August 22, 1988
    ...damages arising from its breach." Cordis Corp. v. Sonics Int'l, Inc., 427 So.2d 782, 783 (Fla.App.1983). See also Paley v. Cocoa Masonry, Inc., 433 So.2d 70, 70 (Fla.App.1983) Moreover, despite defendants' assertions to the contrary, we do not believe that the entire assignment provision on......
  • SME Indus., Inc. v. Thompson, Ventulett, Stainback & Assocs.
    • United States
    • Utah Supreme Court
    • June 26, 2001
    ...854 F.2d 1223, 1234 (10th Cir.1988); Rosecrans v. William S. Lozier, Inc., 142 F.2d 118, 124 (8th Cir.1944); Paley v. Cocoa Masonry, Inc., 433 So.2d 70, 70-71 (Fla.Dist.Ct.App.1983); Grady v. Commers Interiors, Inc., 268 N.W.2d 823, 825 (S.D.1978); Ford v. Robertson, 739 S.W.2d 3, 5 (Tenn.C......
  • Spa Creek Servs., LLC v. S.W. Cole, Inc.
    • United States
    • Florida District Court of Appeals
    • October 27, 2017
    ...39, 43 (Fla. 3d DCA 2016) ; Aldana v. Colonial Palms Plaza, Ltd., 591 So.2d 953, 955 (Fla. 3d DCA 1991) ; Paley v. Cocoa Masonry, Inc., 433 So.2d 70, 70–71 (Fla. 2d DCA 1983) ("[T]he prohibition of a contract against assignment is against an assignment of rights and privileges under the con......
  • H&J Contracting, Inc. v. Jacobs Eng'g Grp., Inc.
    • United States
    • U.S. District Court — Southern District of Florida
    • October 28, 2015
    ...does not, without more, prohibit the assignment of a claim for damages on account of a breach of contract. Paley v. Cocoa Masonry, Inc., 433 So.2d 70, 71 (Fla. 2d DCA 1983), citingSure Cordis Corp. v. Sonics International, Inc., 427 So.2d 782, 783 (Fla. 3d DCA 1983). "The law draws a distin......
  • Get Started for Free

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT