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HAMILTON v. TITLE INS. AGENCY OF TAMPA, INC.

Nos. 75-765, 75-803.

338 So.2d 569 (1976)

H.S. HAMILTON, Appellant. v. TITLE INSURANCE AGENCY OF TAMPA, INC., Appellee. TITLE INSURANCE AGENCY OF TAMPA, INC., Appellant, v. H.S. HAMILTON, Appellee.

District Court of Appeal of Florida, Second District.

October 27, 1976.

Attorney(s) appearing for the Case

Marjorie D. Gadarian of Jones, Paine & Foster, West Palm Beach, for appellant-appellee H.S. Hamilton.

John W. Frazier of Peavyhouse, Giglio, Grant, Clark & Charlton, Tampa, for appellant-appellee Title Ins. Agency.

HOBSON, Judge.

These are consolidated appeals from a final judgment ordering the defendant, Title Insurance, to return $12,500 of a $25,000 earnest money deposit, paid by the plaintiff, Hamilton, pursuant to a real estate contract, and allowing Title Insurance to keep the remaining $12,500. The trial court held both parties at fault for the failure of the contract. We reverse.

On September 10, 1973, Hamilton contracted with Title Insurance to purchase certain...

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