SOL ROVIN, APPELLANT,
v.
JOSEPH A. GARFIELD, JANET GARFIELD, HIS WIFE, AND THE CONTINENTAL BUILDING OF MIAMI, INC., A FLORIDA, CORPORATION, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The appellate court affirmed the trial court's judgment, finding it sustainable on multiple grounds.
Plaintiff sued for specific performance of an alleged agreement to convey real property. The trial court found no oral agreement was reached, that any…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Equity cases and more on FLexlaw
The plaintiff in a suit for specific performance appeals a final judgment for the defendants. The suit prayed as follows:
“1. That this Court take jurisdiction of the parties hereto and of the subject matter of this cause.
“2. That upon final hearing hereof, this Court enter its appropriate decree mandatorily requiring Defendants, JOSEPH A. GARFIELD and JANET GARFIELD, his wife, to cause the conveyance of the real property described herein in accordance with the agreement between the parties, marked Exhibit ‘B’.
“3. That upon final hearing hereof, this Court upon appropriate decree order and direct the Defendant, JOSEPH A. GARFIELD, to execute the agreement marked Exhibit ‘B’ and perform such other and further steps or execute such other and further documents as may be be necessary and proper to complete the apartment building project contemplated by said agreement.”
*11The trial court found (1) that no oral agreement or contract ever was reached between the plaintiff or any of the defendants relating to the subject matter of this action; (2) that if the parties had ever reached an oral agreement or contract, it-would have been within the purview of the Florida Statute of Frauds, § 725.01, Fla. Stat. F.S.A. and (3) that the equities in the action were with the defendants.
Our examination of the record and briefs convinces us that the decree is sustainable on any of the three grounds set forth. The final judgment is affirmed upon authority of the rule stated in Webster Lumber Co. v. Lincoln, 94 Fla. 1097, 115 So. 498 (1927).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
L. C. Morris, Inc. v. Allison, 277 So. 2d 28 (Fla. 3d DCA 1973)…ties. “The Court finds that the oral agreement, if any existed, for a three year lease of defendant ALLISON’S real property is within the Statute of Frauds, Section 725.01 F.S.A., and is therefore unenforceable. See Rovin v. Garfield, Fla. App.1968 207 So 2d 10.”…
Authorities Cited
- Webster Lumber Co. v. Mrs. Jennie E. Lincoln, 94 Fla. 1097 (Fla. 1927)