Florida District Courts of Appeal, 1990

Prosperity Projects, Inc. v. Sanctuary Bay

Prosperity Projects, Inc. v. Sanctuary Bay
Florida District Courts of Appeal · Decided August 15, 1990 · Downey, Gunther, Warner
568 So. 2d 933; 1990 Fla. App. LEXIS 6097; 1990 WL 116371 (Southern Reporter, Second Series)

Prosperity Projects, Inc. v. Sanctuary Bay

Opinion of the Court

PER CURIAM.

In this dispute over a contract for sale of real property, the trial court heard testimony concerning ambiguities in a warranty of zoning density in the contract. After hearing the evidence the trial court accepted the defendant’s construction of the contract that the zoning warranty was fulfilled by zoning allowing 310 units, and that the warranty of 310 multifamily units was neither what was intended nor did it constitute a breach when the property was not zoned exclusively for multifamily units at closing. On disputed facts we cannot conclude that the trial court erred.

AFFIRMED.

DOWNEY, GUNTHER and WARNER, JJ., concur.

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