In short: Not on summary judgment. In Blue Lagoon Development v. Maury and Leon Medical Centers, the Third DCA reversed a summary judgment for the buyer, holding the rezoning took effect when approved and the deadline was not of the essence. Whether a site plan date error undermined the zoning was a fact question for trial.
The Facts
Blue Lagoon Development, LLC agreed to sell commercial land to Leon Medical Centers for about $23.6 million. The contract required Blue Lagoon to obtain a rezoning from RU-2 to BU-2 by July 31, 2008, but did not say time was of the essence.
The zoning board approved the rezoning on July 16, 2008; the resolution was certified July 23, and the appeal period ran out August 4 with no appeal. The resolution identified the approved site plan by an April 2008 received date, but Blue Lagoon had later submitted a corrected May 2008 plan to address fire and aviation comments, and the record did not make clear which plan was before the board. On July 31, the buyer terminated, saying the zoning condition had not been met.
A successor trial judge entered final summary judgment for the buyer in October 2012. Blue Lagoon appealed; the buyer cross-appealed an oral partial summary judgment ruling about remedies.
The Decision
The Third District reversed. First, it held the property was rezoned on July 16, 2008, when the board approved it, which was before the deadline. Second, because the contract had no time-is-of-the-essence clause, naming a date for the zoning condition did not by itself make that date essential, citing Command Security Corp. v. Moffa. Third, experts disagreed about whether the site plan identification problem put the zoning at risk, and that conflict is a genuine issue of material fact that cannot be resolved on summary judgment.
The case was remanded for trial on the site plan issue. The cross-appeal was dismissed for lack of jurisdiction because the oral ruling it challenged had never been reduced to a written order.
The Law
Under Florida law, a contract date is not automatically strict. Unless the contract says time is of the essence, or the circumstances clearly show the parties meant it, a short delay in meeting a condition is not a material breach that lets the other side walk away, absent real harm from the delay. Many standard Florida real estate forms include a time-is-of-the-essence clause; custom commercial contracts sometimes leave it out.
On summary judgment, the moving party must show there is no genuine dispute of material fact. Florida adopted the federal summary judgment standard in 2021 under amended Rule 1.510, which asks whether a reasonable jury could find for the non-moving party. Conflicting expert opinions on a material point still generally require a trial.
Current law (2026): Florida’s summary judgment standard changed after this decision: effective May 1, 2021, amended Fla. R. Civ. P. 1.510 adopted the federal Celotex standard. Conflicting material expert testimony still generally precludes summary judgment.
Lessons
- If a deadline matters, say time is of the essence and say what happens if the date is missed. A bare date may not be enforced strictly.
- Define what counts as obtaining zoning: board approval, a written resolution, or the end of the appeal period. This contract did not, and the parties litigated it for years.
- Make sure the zoning resolution references the correct, final site plan. A clerical mismatch created a triable issue here.
- Get oral rulings reduced to a written order before appealing them, or the appellate court may lack jurisdiction.
Source: Blue Lagoon Development, LLC v. Maury, No. 3D12-3072 — Fla. 3d DCA (June 24, 2015).
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Wrong Site Plan Date Kills a Land Deal? | Blue Lagoon v. Leon Medical, 3D12-3072
Go Deeper
- Florida's Summary Judgment Rule: How Rule 1.510 Ends Cases Without a Trial
- How Appeals Work in Florida: The 30-Day Deadline, Costs, and What a PCA Means
Frequently Asked Questions
What does time is of the essence mean in a Florida real estate contract?
It means deadlines are strict: missing a date is a material breach that can let the other party terminate. Without that language, Florida courts generally treat a stated date as a target, and a short delay is not a material breach unless it caused significant harm. Blue Lagoon v. Maury applied that rule to a zoning deadline.
When does a rezoning become effective for a real estate contract deadline?
It depends on the contract and local rules. In Blue Lagoon v. Maury, the Third DCA treated the rezoning as effective on the date the zoning board approved it, not when the resolution was certified or the appeal period expired. Contracts should define the trigger expressly to avoid this fight.
Can a buyer cancel a Florida land contract if the seller misses a zoning deadline by a few days?
Not necessarily. If the contract lacks a time-is-of-the-essence clause, a buyer may not be able to terminate for a short delay unless the delay caused real harm. The safer course is to negotiate clear termination rights in the contract itself.
Why was summary judgment reversed in Blue Lagoon v. Leon Medical Centers?
The Third DCA held the zoning was approved before the deadline and the deadline was not of the essence. It also found conflicting expert testimony on whether a site plan date discrepancy undermined the zoning, which is a genuine factual dispute that must go to trial rather than be decided on summary judgment.
Talk to a Florida real estate litigation lawyer
Weidner Law, P.A. handles Florida real estate disputes, title problems and appeals from St. Petersburg. If you need a real estate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida statute and court rule is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
