CON-DEV OF VERO BEACH, INC. v. CASANO

No. 72-601.

272 So.2d 203 (1973)

CON-DEV OF VERO BEACH, INC., a Florida Corporation, Appellant, v. Francis V. CASANO and Anna M. Casano, His Wife, Appellees.

District Court of Appeal of Florida, Fourth District.

January 23, 1973.


Attorney(s) appearing for the Case

Luther Taylor and Frank E. Booker, of Ryan, Taylor, Booker & Law, North Palm Beach, for appellant.

Charles R. McKinnon, of Gould, Cooksey, Fennell, Appleby & McKinnon, Vero Beach, for appellees.


WALDEN, Judge.

This appeal challenges an interlocutory order which struck defendant's affirmative defenses in a suit which prayed for specific performance and alternatively for money damages. As reflected, we reverse as concerns certain of them, and otherwise affirm.

From the complaint we notice that the underlying contract is one in which plaintiffs agreed to purchase an apartment in The Citadel, a condominium which defendant was later to build. Inasmuch...

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