Florida District Courts of Appeal, 2001

Robaina v. Gran Central Corp.

Robaina v. Gran Central Corp.
Florida District Courts of Appeal · Decided February 21, 2001 · Levy, Nesbitt, Sorondo
778 So. 2d 487; 2001 Fla. App. LEXIS 1781; 2001 WL 167268 (Southern Reporter, Second Series)

Robaina v. Gran Central Corp.

Opinion of the Court

PER CURIAM.

The plaintiffs, as purchasers, sued the defendants, as sellers, upon a land sale contract seeking a) specific performance, b) damages for breach of contract, and c) damages for unjust enrichment. After hearing oral argument on defendants’ motion for summary judgment, the trial court entered final judgment for the sellers, from which the buyers appeal. We find that there are triable issues of fact with respect to the claimed oral modification of the written agreement. Additionally, there are most certainly triable issues of fact with respect to unjust enrichment claim. For these reasons, summary judgment is reversed and the cause remanded for further proceedings.

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