ALBA MORALES
v.
NAJEEB IQBAL AS TRUSTEE OF GRANTOR TRUST 660 U/A/D 07/07/2017
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Summary judgment for the defendant trustee is affirmed, but the case is remanded to determine whether specific performance can be granted given the property's conveyance to a third party.
[1] When real property that is the subject of a specific performance action is conveyed to a third party, the trial court must determine whether specific performance remains…
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Join FLexlaw to unlock all legal intelligence“Should the trial court find that it is impossible to grant the equitable relief requested then in that event the trial court shall be authorized to conduct an evidentiary hearing for the purpose of ascertaining and awarding damages incidental to the main relief sought.”
Court quoting National Industrial Bank of Miami v. Forbes regarding the procedure when specific performance becomes impossible.
Alba Morales brought an action for specific performance against Najeeb Iqbal, as trustee of a grantor trust, concerning real property. The property th…
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PER CURIAM.
Alba Morales appeals the trial court’s final summary judgment in favor of Najeeb Iqbal as Trustee of Grantor Trust # 660 U/A/D 07/07/2017. We affirm. However, because the record reflects the real property that was the subject of the action for specific performance was conveyed to a third party, this cause “is remanded to the trial court for a determination as to whether a decree of specific performance can be rendered in light of such conveyance.” Nat’l Indus. Bank of Miami v. Forbes, 270 So. 2d 426, 426– 27 (Fla. 4th DCA 1972). If the trial court finds specific performance impossible, it should then conduct an evidentiary hearing on whether an award of damages under appellee’s other claims is appropriate. See id. at 427 (“Should the trial court find that it is impossible to grant the equitable relief requested then in that event the trial court shall be authorized to conduct an evidentiary hearing for the purpose of ascertaining and awarding damages incidental to the main relief sought.”); Camp v. Parks, 314 So. 2d 611, 616 (Fla. 4th DCA 1975) (finding specific performance was impossible, so the order was “reversed and the cause remanded with respectful instructions to allow plaintiff to seek money damages for breach of contract”).
Affirmed and remanded with instructions.
KLINGENSMITH, C.J., GROSS and CIKLIN, JJ., concur.
* * *
Not final until disposition of timely filed motion for rehearing.
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Nat'l Indus. Bank OF Miami v. Verdell Forbes, 270 So. 2d 426 (Fla. 4th DCA 1972)
- Camp v. King William Parks, 314 So. 2d 611 (Fla. 4th DCA 1975)