History
  • No items yet
midpage
Finst Dev., Inc. v. Bemaor
449 So. 2d 292
Fla. Dist. Ct. App.
1984
Check Treatment
PER CURIAM.

This is an appeal from a final summary judgment rescinding certain contracts for the sale of condominium units, returning the deposits thereon to the plaintiff/buyers, and awarding attorney’s fees for the plaintiff/buyers. The material facts of this case, although complex, are undisputed on this record. We conclude that based on these facts the contracts herein were properly rescinded as a matter of law for failure of the defendant/seller to comply substantially with certain provisions of the Florida Condominium Act, §§ 718.202, 718.-503, 718.504, Fla.Stat. (1981), and the Federal Interstate Land Sales Full Disclosure Act, 15 U.S.C. § 1701 et seq. (1982); see Dorchester Development, Inc. v. Burk, *293439 So.2d 1032 (Fla.3d DCA 1983). We also agree that as a matter of law the counterclaim herein has no merit based on this record. Finally, we conclude that the attorney’s fees awarded below were reasonable and authorized by Section 718.-506(2), Florida Statutes (1981). See Pfohl v. Pfohl, 345 So.2d 371, 379 (Fla.3d DCA 1977). We accordingly affirm in all respects the final summary judgment under review.

Affirmed.

Case Details

Case Name: Finst Dev., Inc. v. Bemaor
Court Name: District Court of Appeal of Florida
Date Published: Mar 6, 1984
Citation: 449 So. 2d 292
Docket Number: Nos. 83-619, 83-1714
Court Abbreviation: Fla. Dist. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.