CURLS v. TEW

No. DD-273.

346 So.2d 1242 (1977)

D.L. CURLS, As Trustee, Appellant, v. Ernest TEW, Individually and As Trustee, Investment Enterprises, Inc., a Florida Corporation, and Ernest Tew & Associates, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, First District.

June 20, 1977.


Attorney(s) appearing for the Case

Young J. Simmons of Green, Simmons, Green & Hightower, Ocala, for appellant.

Larry G. Turner, Gainesville, for appellees.


PER CURIAM.

Appellant, who was plaintiff in the trial court, brought suit for rescission of a contract for the sale of land, seeking return of the $20,000 binder payment made simultaneously with the execution of the contract. The case went to trial before the judge without a jury. At the conclusion of the plaintiff's presentation of evidence appellees moved for an involuntary dismissal pursuant to Fla.R.Civ.P. 1.420(b) which was granted. This appeal followed.

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