DENISE SELLERS, PETITIONER,
v.
JOEY DALE SELLERS, RESPONDENT
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The seller appeals a partial summary judgment that determined he was not entitled to a one million dollar deposit as liquidated damages for the buyers’ breach of an agreement for the sale of real property, and the appellate court reversed.
The appellate court held that the seller was not entitled to the one million dollar deposit as liquidated damages and reversed the trial court's decision.
Buyers agreed to purchase property for $5,750,000 and paid an initial deposit. An addendum extended the closing date, required an additional deposit, …
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PER CURIAM.
The petition for writ of prohibition is granted. The court will withhold formal issuance of the writ in reliance upon the trial court abiding by this decision. The cause is remanded with directions to the Chief Judge of the Fourteenth Circuit to reassign this case to another trial judge.
BROWNING, C.J., WOLF and WEBSTER, JJ., Concur.