District Court of Appeal of Florida

A judgment awarding plaintiffs-buyers specific performance of a real estate purchase contract, but requiring that they be charged with paying for three years of property taxes in arrears prior to closing is reversed as to the latter requirement where the question of property taxes was not pled at any point during the proceedings, and regardless, plaintiffs could not be held responsible for the property taxes.

Appellate Information

• Decided 11/15/2006
• Published 11/15/2006

Judges

• STONE, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• John J. Shahady and Thomas R. Shahady of Adorno & Yoss LLP, Fort Lauderdale, for appellants.


• For Appellees:
  
• Joel C. Zwemer of Dean, Mead, Minton and Zwemer, Fort Pierce, for Appellee-LMNOP, LLC.