Vietor v. Sill

District Court of Appeal of Florida

Vietor v. Sill

306 So. 2d 564, 1975 Fla. App. LEXIS 14743

CourtDistrict Court of Appeal of Florida

DecidedJanuary 24, 1975

DocketNo. 74-394

StatusPublished

Cited by1 cases

This text of 306 So. 2d 564 (Vietor v. Sill) 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

Vietor v. Sill, 306 So. 2d 564, 1975 Fla. App. LEXIS 14743 (Fla. Ct. App. 1975).

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Opinion

PER CURIAM.

On the occasion of the third appearance of this case no useful purpose will be served by any further recitation of the facts. Suffice it to say that the trial court has apparently failed to fully appreciate the import of our prior decisions.¹ Upon examination of the record in this case and consideration of the briefs and oral argument we are of the opinion that the trial court erred in not granting plaintiff specific performance and in failing to consider the award of damages. In order to further implement our prior decisions and based upon the facts in the record we are of the opinion that the purported conveyance by defendant Sill to defendant Joyce was null and void and is hereby set aside. Krantz v. Donner, Fla.App. 1973, 285 So.2d 699. The defendant Sill is directed to convey the property in question to the plaintiff in accordance with his prayer for relief and the cause is remanded for further proceedings on the issue of damages in accordance with the theory of plaintiff’s case. Sea Ledge Properties, Inc. v. Dodge, Fla.App. 1973, 283 So.2d 55.² In all other respects to the extent not inconsistent herewith the final judgment is affirmed.³

Affirmed, in part; reversed, in part.

OWEN, C. J., and CROSS and MA-GER, JJ., cor.cur.

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PER CURIAM.

On the occasion of the third appearance of this case no useful purpose will be served by any further recitation of the facts. Suffice it to say that the trial court has apparently failed to fully appreciate the import of our prior decisions.¹ Upon examination of the record in this case and consideration of the briefs and oral argument we are of the opinion that the trial court erred in not granting plaintiff specific performance and in failing to consider the award of damages. In order to further implement our prior decisions and based upon the facts in the record we are of the opinion that the purported conveyance by defendant Sill to defendant Joyce was null and void and is hereby set aside. Krantz v. Donner, Fla.App. 1973, 285 So.2d 699. The defendant Sill is directed to convey the property in question to the plaintiff in accordance with his prayer for relief and the cause is remanded for further proceedings on the issue of damages in accordance with the theory of plaintiff’s case. Sea Ledge Properties, Inc. v. Dodge, Fla.App. 1973, 283 So.2d 55.² In all other respects to the extent not inconsistent herewith the final judgment is affirmed.³

Affirmed, in part; reversed, in part.

OWEN, C. J., and CROSS and MA-GER, JJ., cor.cur.

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306 So. 2d 564, 1975 Fla. App. LEXIS 14743, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vietor-v-sill-fladistctapp-1975.

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