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HOLLYWOOD MALL, INC. v. CAPOZZI

Nos. 87-2553, 88-1079.

545 So.2d 918 (1989)

HOLLYWOOD MALL, INC., a Florida Corporation, Theodore R. Stotzer, Bernard Budd, William D. Horvitz and James O. Lewis, Jointly and Severally, Appellants, v. John V. CAPOZZI and Gibraltar Development, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 21, 1989.

Attorney(s) appearing for the Case

William S. Spencer of Ellis, Spencer, Butler & Kisslan, Hollywood, and Nancy Little Hoffmann of Nancy Little Hoffmann, P.A., Fort Lauderdale, for appellant-Hollywood Mall, Inc.

Linda R. Spaulding, Michael J. McNerney and Harris Solomon of Brinkley, McNerney, Morgan & Solomon, Fort Lauderdale, for appellees-John V. Capozzi and Gibraltar Development, Inc.

WARNER, Judge.

This is an appeal from a final judgment granting specific performance of a real estate contract. The seller appeals claiming that (1) there was no valid, enforceable contract which could be enforced by specific performance, and (2) that even if there were a binding contract, the purchaser failed to prove that it was ready, willing, and able to perform its obligations under the contract. Thus the trial court erred in granting specific performance.

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