Florida District Courts of Appeal, 1989

Kithcart v. Brooks

Kithcart v. Brooks
Florida District Courts of Appeal · Decided June 21, 1989 · Lehan, Parker, Patterson
546 So. 2d 433; 14 Fla. L. Weekly 1508; 1989 Fla. App. LEXIS 3549; 1989 WL 67503 (Southern Reporter, Second Series)

Kithcart v. Brooks

Opinion of the Court

PATTERSON, Judge.

This is an appeal from a final summary judgment granting specific performance of a contract for the sale of real property. We affirm the judgment in all respects save for its award of interest on the purchase price to the sellers. Because we find that the sellers wrongfully refused to close, we vacate the award of interest in accordance with Shelter Corporation of Canada, Ltd. v. Bozin, 468 So.2d 1094 (Fla. 2d DCA 1985).

Affirmed in part and vacated in part.

LEHAN, A.C.J., and PARKER, J., concur.

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