District Court of Appeal of Florida

A grant of specific performance of a "Contract for Sale and Purchase" and an attached "Land Contract" is affirmed in part over claims that the trial court erred in finding that: 1) the contract was valid and enforceable despite the lack of attestation by two witnesses; and 2) a wife was not in default of the contract and was, therefore, not precluded from seeking specific performance. However, it was error for the trial court to require a husband to pay all of the closing costs in contravention of the express terms of the contract.

Appellate Information

• Decided 08/04/2006
• Published 08/04/2006

Judges

• SAWAYA, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Kenneth D. Morse, of Kenneth D. Morse, P.A., Orlando, for Appellant.


• For Appellees:
  
• August J. Stanton, III, of Stanton & Gasdick, Orlando, for Appellee.