434 So. 2d 51 | Fla. Dist. Ct. App. | 1983
Hunt entered into an agreement to lease the subject premises to Nash. The next day, the parties entered into an agreement for the sale of the same property. Claiming that Nash entered into possession of the premises prior to the time agreed, Hunt filed the instant suit for forcible entry. Nash counterclaimed for specific performance of the land-sale contract. The trial judge properly tried the forcible entry claim prior to the equitable counterclaim and a verdict was entered in favor of Hunt. The trial court subsequently dismissed the counterclaim.
We also affirm the dismissal of the defendant’s counterclaim for specific performance because the jury determination that the defendant prematurely and forcibly entered into possession demonstrated as a matter of law that defendant breached the written land sale contract.
Affirmed.