EFRON DORADO v. REVERE HIGH YIELD FUND (2021)

District Court of Appeal of Florida, Third District.

EFRON DORADO, S.E., et al., Appellants, v. REVERE HIGH YIELD FUND, L.P., Appellee.

No. 3D20-1536

Decided: September 22, 2021

Before FERNANDEZ, C.J., and LOGUE and BOKOR, JJ.

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.

Affirmed. Wonalancet Co. v. Banfield, 116 Conn. 582, 165 A. 785, 786-87 (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, 37 Conn.Supp. 861, 440 A.2d 317, 318 (1981) (applying same).

PER CURIAM.

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