TERRA-ADI INTERNATIONAL BAYSHORE, LLC. v. Georgarious

District Court of Appeal of Florida

TERRA-ADI INTERNATIONAL BAYSHORE, LLC. v. Georgarious

20 So. 3d 987, 2009 Fla. App. LEXIS 15817, 2009 WL 3365493

CourtDistrict Court of Appeal of Florida

DecidedOctober 21, 2009

Docket3D09-2290

StatusPublished

Cited by4 cases

This text of 20 So. 3d 987 (TERRA-ADI INTERNATIONAL BAYSHORE, LLC. v. Georgarious) 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.

Bluebook

TERRA-ADI INTERNATIONAL BAYSHORE, LLC. v. Georgarious, 20 So. 3d 987, 2009 Fla. App. LEXIS 15817, 2009 WL 3365493 (Fla. Ct. App. 2009).

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Opinion

SCHWARTZ, Senior Judge.

The appellant-seller challenges an interlocutory order in an action involving a failed real estate deal in which the parties disputed which side had defaulted. The order released to the appellees-buyers the portion of the real estate deposit to which they were unconditionally entitled even if they did not prevail in the litigation, that is, even if they were the ones in default. 1 Considering this proceeding as an authorized non-final appeal under Rule 9.130(a)(3)(C)(ii), from an order determining the right to the immediate possession of property, the portion of the deposits in question, see Malek v. Bright, 7 So.3d 598 (Fla. 3d DCA 2009), the order is affirmed on the authority of Pianeta Miami, Inc. v. Lieberman, 949 So.2d 215 (Fla. 3d DCA 2006).

Affirmed. 2

1

. Paragraph 13 of the purchase agreement provides, in part:

If Buyer defaults after fifteen percent (15%) of the Purchase Price, exclusive of interest, has been paid, Seller will refund to the Buyer any amount which remains from the payments Buyer made after subtracting fifteen percent (15%) of the Purchase Price, exclusive of interest....

2

. Any stay of the order is vacated, effective immediately.

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SCHWARTZ, Senior Judge.

The appellant-seller challenges an interlocutory order in an action involving a failed real estate deal in which the parties disputed which side had defaulted. The order released to the appellees-buyers the portion of the real estate deposit to which they were unconditionally entitled even if they did not prevail in the litigation, that is, even if they were the ones in default. 1 Considering this proceeding as an authorized non-final appeal under Rule 9.130(a)(3)(C)(ii), from an order determining the right to the immediate possession of property, the portion of the deposits in question, see Malek v. Bright, 7 So.3d 598 (Fla. 3d DCA 2009), the order is affirmed on the authority of Pianeta Miami, Inc. v. Lieberman, 949 So.2d 215 (Fla. 3d DCA 2006).

Affirmed. 2

1

. Paragraph 13 of the purchase agreement provides, in part:

If Buyer defaults after fifteen percent (15%) of the Purchase Price, exclusive of interest, has been paid, Seller will refund to the Buyer any amount which remains from the payments Buyer made after subtracting fifteen percent (15%) of the Purchase Price, exclusive of interest....

2

. Any stay of the order is vacated, effective immediately.

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Bluebook (online)

20 So. 3d 987, 2009 Fla. App. LEXIS 15817, 2009 WL 3365493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/terra-adi-international-bayshore-llc-v-georgarious-fladistctapp-2009.

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