District Court of Appeal of Florida

An order granting plaintiff-buyer specific performance of a contract for the purchase of real property from defendant is reversed where plaintiff's failures to tender the full price in cash at the time of closing or to timely meet the earnest money requirements of the contract constituted material breaches of the express terms of the contract, and thus it was not entitled to specific performance.

Appellate Information

• Decided 12/06/2006
• Published 12/08/2006

Judges

• COOPER, JOHN C., Associate Judge.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Jason B. Gonzalez of Ausley & McMullen, P.A., Tallahassee;  Cary Ichter and Beth T. Baer of Balch & Bingham LLP, Atlanta, GA, for Appellant.


• For Appellees:
  
• Donald H. Partington of Clark, Partington, Hart, Larry Bond & Stackhouse, Pensacola, for Appellee.