District Court of Appeal of Florida

Summary judgment ordering specific performance in favor of the buyer and against the seller in a land sales contract is reversed where genuine issues of material fact exist concerning when a zoning contingency was waived and when the contract at issue expired, and further, the buyer failed to present prima facie proof that it was ready, willing and able to close prior to the expiration of the contract.

Appellate Information

• Decided 02/07/2007
• Published 02/07/2007

Judges

• STEVENSON, C.J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Virginia P. Sherlock and Howard K. Heims of Littman, Sherlock & Heims, P.A., Stuart, for appellant.


• For Appellees:
  
• Kip A. Davis of Vassallo & Bilotta, P.A., Stuart, for appellee.