News & Events

John Edward Herndon, Jr., a partner in Conroy Simberg’s Tallahassee office, recently secured a favorable judgment following a two-day bench trial involving breach of contract and negligence claims.

Two pro se Plaintiffs (mother and son) sued our client, Timberline Construction Group LLC, for breach of contract and negligence. The plaintiffs had received a grant from the Florida Department of Commerce for the replacement of their mobile home under the Rebuild Florida Program. The Program contracted with our client to perform the demolition of the old home (which was damaged in a hurricane) and to install the new mobile home. Our contract with the Program provided that the home had to be installed in 30 days.

Although the home was delivered to their lot within 30 days, the work could not be completed within the 30-day period due to a disagreement between the plaintiffs and the Program concerning the details of a site plan that was needed for the permitting of the work necessary to complete the installation of the home. This disagreement escalated and ultimately resulted in the plaintiffs removal from the Program that left them effectively homeless.

The plaintiffs sought to recover approximately $300,000.  Our defense was based on the common law doctrines of frustration of performance and impossibility of performance. In a two-day bench trial in Tallahassee before the Hon. David Frank, Judge Frank agreed with our position and will enter a judgment in favor of our client.