Gould Cooksey Fennell

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Jax Utilities v. Hancock Bank: Equitable Remedies No More?

Sean Mickley vero beach attorneyClick here to read a recent article titled  Jax Utilities v. Hancock Bank: Equitable Remedies No More? published in the Florida Bar’s Winter 2015 ActionLine publication authored by GCF’s attorney Sean Mickley.

The article focuses on the recent appellate decision, Jax Utilities v. Hancock Bank out of Florida’s First District Court of Appeal, which held that when a lending institution makes the unilateral decision to cease funding a construction project without notice to the contractor, the contractor’s rights and remedies are limited solely to the statutory relief provided for under Section 713.3471, Florida Statutes.

In analyzing the opinion, Mr. Mickley interprets the statutory language cited as support for the First District’s decision and dissects the reasons why the court’s prohibition on all other forms of relief is wrong.



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