Kithcart v. Brooks

District Court of Appeal of Florida

Kithcart v. Brooks

546 So. 2d 433, 14 Fla. L. Weekly 1508, 1989 Fla. App. LEXIS 3549, 1989 WL 67503

CourtDistrict Court of Appeal of Florida

DecidedJune 21, 1989

DocketNo. 88-03238

StatusPublished

This text of 546 So. 2d 433 (Kithcart v. Brooks) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Kithcart v. Brooks, 546 So. 2d 433, 14 Fla. L. Weekly 1508, 1989 Fla. App. LEXIS 3549, 1989 WL 67503 (Fla. Ct. App. 1989).

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Opinion

PATTERSON, Judge.

This is an appeal from a final summary judgment granting specific performance of a contract for the sale of real property. We affirm the judgment in all respects save for its award of interest on the purchase price to the sellers. Because we find that the sellers wrongfully refused to close, we vacate the award of interest in accordance with Shelter Corporation of Canada, Ltd. v. Bozin, 468 So.2d 1094 (Fla. 2d DCA 1985).

Affirmed in part and vacated in part.

LEHAN, A.C.J., and PARKER, J., concur.

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PATTERSON, Judge.

This is an appeal from a final summary judgment granting specific performance of a contract for the sale of real property. We affirm the judgment in all respects save for its award of interest on the purchase price to the sellers. Because we find that the sellers wrongfully refused to close, we vacate the award of interest in accordance with Shelter Corporation of Canada, Ltd. v. Bozin, 468 So.2d 1094 (Fla. 2d DCA 1985).

Affirmed in part and vacated in part.

LEHAN, A.C.J., and PARKER, J., concur.

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Bluebook (online)

546 So. 2d 433, 14 Fla. L. Weekly 1508, 1989 Fla. App. LEXIS 3549, 1989 WL 67503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kithcart-v-brooks-fladistctapp-1989.

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