TERRA-ADI INTERNATIONAL BAYSHORE, LLC, APPELLANT,
v.
KOSTANDINOS GEORGARIOUS, ET AL., APPELLEES
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The appellant-seller challenges an interlocutory order in an action involving a failed real estate deal in which the parties disputed which side had defaulted. The order released to the appellees-buyers the portion of the real estate deposit to which they were unconditionally entitled even if they did not prevail in the litigation, that is, even if they were the ones in default.1 Considering this proceeding as an authorized non-final appeal under Rule 9.130(a)(3)(C)(ii), from an order determining the right to the immediate possession of property, the portion of the deposits in question, see Malek v. Bright, 7 So.3d 598 (Fla. 3d DCA 2009), the order is affirmed on the authority of Pianeta Miami, Inc. v. Lieberman, 949 So.2d 215 (Fla. 3d DCA 2006).
Affirmed.2
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Trg-Brickell Point NE, Ltd v. Michael and Marsha Wajsblat, 34 So. 3d 53 (Fla. 3d DCA 2010)…developers admit, except for achieving certainty as to whom to write checks in some instances,1 they have no defense to the return of deposit monies in excess of fifteen percent to these plaintiffs. See Terra-Adi Int’l Bayshore, LLC v. Georgarious, 20 So. 3d 987, 987 (Fla. 3d DCA 2009) (affirming on summary judgment2 an interlocutory order requiring return of deposits in excess of fifteen percent under identical contract language to that in the contracts before us). However inscrutable the full-court resist…
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Law-Yue v. Miami River, L.L.C., 50 So. 3d 620 (Fla. 3d DCA 2010)…ontract1 against the amount of the depos [*621] it over the 15% purchase price, to which the plaintiffs were entitled.2 See TRG-Brickell Point NE, Ltd. v. Wajsblat, 34 So. 3d 53, 55 (Fla. 3d DCA 2010); Terra-Adi Intern. Bayshore, LLC v. Georgarious, 20 So. 3d 987 (Fla. 3d DCA 2009). As the court in Nationwide Mut. Fire Ins. Co. v. Voigt, 21 So. 3d 895, 896 (Fla. 2d DCA 2009), concluded: “The sanction awards and the $50,000 judgment arise from one proceeding, and there is no reason that the sanction awards ag…
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Valdes v. State, 93 So. 3d 1163 (Fla. 3d DCA 2012)…Court affirmed the trial court’s order of the revocation of probation, but remanded for the trial court to correct the written order of revocation “to reflect the sole reason for which the court orally revoked [Valdes’s] probation.” Valdes v. State, 20 So. 3d 987, 988 (Fla. 3d DCA 2009). On June 29, 2010, Valdes, pursuant to Florida Rule of Criminal Procedure 3.800(a), filed a Motion to Correct Illegal Sentence, arguing that he could not be sentenced on both dealing in stolen property and grand theft. On Oc…
Authorities Cited
- Malek v. Bright, 7 So. 3d 598 (Fla. 3d DCA 2009)
- Pianeta Miami, Inc. v. Lieberman, 949 So. 2d 215 (Fla. 3d DCA 2006)