Robaina v. Gran Central Corp.

District Court of Appeal of Florida

Robaina v. Gran Central Corp.

778 So. 2d 487, 2001 Fla. App. LEXIS 1781, 2001 WL 167268

District Court of Appeal of Florida·Decided February 21, 2001·No. No. 3D99-2802·Published·Cited by 1 cases

Opinion

PER CURIAM.

The plaintiffs, as purchasers, sued the defendants, as sellers, upon a land sale contract seeking a) specific performance, b) damages for breach of contract, and c) damages for unjust enrichment. After hearing oral argument on defendants’ motion for summary judgment, the trial court entered final judgment for the sellers, from which the buyers appeal. We find that there are triable issues of fact with respect to the claimed oral modification of the written agreement. Additionally, there are most certainly triable issues of fact with respect to unjust enrichment claim. For these reasons, summary judgment is reversed and the cause remanded for further proceedings.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The plaintiffs, as purchasers, sued the defendants, as sellers, upon a land sale contract seeking a) specific performance, b) damages for breach of contract, and c) damages for unjust enrichment. After hearing oral argument on defendants’ motion for summary judgment, the trial court entered final judgment for the sellers, from which the buyers appeal. We find that there are triable issues of fact with respect to the claimed oral modification of the written agreement. Additionally, there are most certainly triable issues of fact with respect to unjust enrichment claim. For these reasons, summary judgment is reversed and the cause remanded for further proceedings.

Robaina v. Gran Central Corp., 778 So. 2d 487, 2001 Fla. App. LEXIS 1781, 2001 WL 167268 (Fla. Ct. App. 2001).

Pincite

778 So. 2d 487 (Robaina v. Gran Central Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related