JAMES D. EMERY ET UX., APPELLANTS,
v.
JOSE MILTON AND PARAGON INVESTMENT CORPORATION, A FLORIDA CORPORATION, D/B/A JOSEPH ENTERPRISES, A PARTNERSHIP, APPELLEES
JAMES D. EMERY ET UX., APPELLANTS,
JOSE MILTON AND PARAGON INVESTMENT CORPORATION, A FLORIDA CORPORATION, D/B/A JOSEPH ENTERPRISES, A PARTNERSHIP, APPELLEES
378 So. 2d 1300
Florida District Court of Appeal, Third District (1979)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
The final judgment appealed from is affirmed upon a holding that (a) specific performance on this contract to convey real property did not lie for failure of the plaintiff purchasers to tender the purchase price as required by the contract, Robinson v. Abreu, 345 So. 2d 404 (Fla.2d DCA 1977); 29A Fla.Jur. “Specific Performance” 757-758 (1967); and (b) the defendant sellers did not repudiate the contract so as to excuse the plaintiff purchasers’ above failure to tender the said purchase price; see Croker v. Powell, 115 Fla. 733, 156 So. 146 (1934); 29A Fla.Jur. “Specific Performance” 764-766 (1967).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Yost v. Cong. Int'l Dev. Corp., 383 So. 2d 732 (Fla. 3d DCA 1980)…PER CURIAM. The order under review is reversed insofar as it withholds execution on an award of appellate costs relating to a prior appeal in this cause, Yost v. Congress International Corp., 378 So. 2d 1300 (Fla.3d DCA 1979), as, in our view, Fla.R.App.P. 9.400(a) clearly entitles the appellant to an immediate award of such costs without stay of execution thereon. In all other respects, the order under review is affirmed. The cause is, accordingly, rem…
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R.P.M. Enters., Inc. v. Bertram Murphy and Barbara Murphy, 575 So. 2d 1347 (Fla. 3d DCA 1991)…the finding is supported by competent substantial evidence.”). As R.P.M. had not complied with its obligations under the contract, specific performance was properly denied. See Hooper v. Breneman, 417 So. 2d 315 (Fla. 5th DCA 1982); Emery v. Milton, 378 So. 2d 1300 (Fla. 3d DCA 1980). Affirmed.…
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Mastec, Inc. v. TJS, LLC, 979 So. 2d 285 (Fla. 2d DCA 2008)…45 So. 2d 404, 405 (Fla. 2d DCA 1977); Arvesu v. Blancom Props., N.V., 913 So. 2d 1231, 1232 (Fla. 3d DCA 2005); Garcia v. Alfonso, 490 So. 2d 130, 131 (Fla. 3d DCA 1986); Hooper v. Breneman, 417 So. 2d 315, 317 (Fla. 5th DCA 1982); Emery v. Milton, 378 So. 2d 1300, 1301 (Fla. 3d DCA 1979). Conclusion For these reasons, the trial court erred in ordering specific performance of the Contract in favor of the Buyers. We reverse the final judgment for specific performance, and we remand for the entry of a final j…
Authorities Cited
- Simmons v. State, 115 Fla. 733 (Fla. 1934)
- Jung H. Moon v. Ima-Park Place, LLC (Fla. 3d DCA 2021)
- Robinson v. Abreu, 345 So. 2d 404 (Fla. 2d DCA 1977)