Florida District Courts of Appeal, 1988

Triolo v. Touchton

Triolo v. Touchton
Florida District Courts of Appeal · Decided March 31, 1988 · Daniel, Orfinger, Sharp
522 So. 2d 557; 13 Fla. L. Weekly 837; 1988 Fla. App. LEXIS 1217; 1988 WL 26134 (Southern Reporter, Second Series)

Triolo v. Touchton

Opinion of the Court

PER CURIAM.

Except as modified herein, we affirm the final order granting specific performance and requiring appellants to convey to ap-pellees the time share interest involved herein but we strike from the judgment that portion thereof which requires the ap-pellees to withhold from the payment due appellants 10% of the purchase price, which sum the trial court concluded was due to Resort Condominium Resales, Inc. (Resort) as a sales commission. Resort is not a party to this action and the trial court had no jurisdiction to determine its rights just as it could not determine its obligations, if any, to the appellants.

AFFIRMED as modified.

SHARP, C.J., and ORFINGER and DANIEL, JJ., concur.

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