ARNOLD EICHHORST AND ANNA EICHHORST, INDIVIDUALLY AND AS TRUSTEE, APPELLANTS,
v.
MANDALAY SHORES COOPERATIVE HOUSING ASSOCIATION, INC., APPELLEE
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OTT, Acting Chief Judge.
We reverse the trial court’s order which granted specific performance in favor of appellee. Specific performance should be denied when no provision is made for an existing mortgage in a transaction of considerable size, such as the present case. See Farrell v. Phillips, 414 So. 2d 1119 (Fla. 4th DCA 1982); Nichols v. MoAmCo Corp., 311 So. 2d 750 (Fla. 2d DCA 1975). The real estate sales contract upon which specific performance was granted in the present case failed to provide for the method of financing and how the existing mortgage would be satisfied. This is evidenced by the trial court’s provision for three financing plans in its final judgment. Accordingly, the trial court’s order granting specific performance is reversed. Because of our disposition of the case, we need not address appellants' remaining points on appeal.
REVERSED.
DANAHY and HALL, JJ., concur.
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Citator
Cited By
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Eichhorst v. Mandalay Shores Coop. Hous. Ass'n, Inc., 653 So. 2d 421 (Fla. 2d DCA 1995)…A final judgment for specific performance was entered by the trial court, but this court reversed finding specific performance not available under the circumstances of the case. See Eichhorst v. Mandalay Shores Cooperative Housing Association, Inc., 477 So. 2d 25 (Fla. 2d DCA 1985). Thereafter, the trial court entered a final judgment in favor of the Eichhorsts on the complaint for specific performance. An appeal by Mandalay Shores was quashed. Mandalay Shores was allowed to file an amended complaint seeki…
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Duck DOG, L.C. & Harrison, Hendrickson & Kirkland, P.A. v. Brownstar Props., LLC, 990 So. 2d 525 (Fla. 2d DCA 2008)…“[W]e are concerned with a transaction of considerable magnitude and as relates to such a transaction ... details concerning assumption of existing mortgages would appear to be essential[.]”); see also Eichhorst v. Mandalay Shores Coop. Hous. Ass’n, 477 So. 2d 25 (Fla. 2d DCA 1985) (reversing a judgment of specific enforcement of a real estate sales contract because the contract failed to provide for the method of financing and how the existing mortgage would be satisfied). Payment of a substantial lien, as…
Authorities Cited
- Nichols v. MoAmCO Corp. & Silco Corp., 311 So. 2d 750 (Fla. 2d DCA 1975)
- Farrell v. Phillips, 414 So. 2d 1119 (Fla. 4th DCA 1982)