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ZUCKERMAN-VERNON CORP. v. ROSEN

No. 76-1559.

361 So.2d 804 (1978)

ZUCKERMAN-VERNON CORP., Appellant, v. Harry M. ROSEN, As Mayor of the City of Miramar, a Municipal Corporation, Richard Calhoun, Jerome F. Pollock, Emil Morton As Trustee, Lottie Morton, Lawrence Morton As Trustee, Irma Morton; James Pace, Dixie Williams and City of Miramar, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 15, 1978.

Attorney(s) appearing for the Case

Joseph Teichman, Miami, for appellant.

Nancy Little Hoffmann of Druck, Grimmett, Norman, Weaver & Scherer, Fort Lauderdale, and Joe Easthope of Ferrero, Middlebrooks & Houston, Fort Lauderdale, for appellees Harry M. Rosen, Jerome F. Pollock, Richard Calhoun, and City of Miramar.

Marion E. Sibley of Sibley, Giblin, Levenson & Ward, Miami Beach, for appellees Emil Morton as Trustee, Lottie Morton, Lawrence Morton as Trustee, and Irma Morton.

MOUNTS, MARVIN U., Jr., Associate Judge.

This litigation is here for a decision on the propriety of the trial court's dismissal of the complaint with prejudice.

The appellant entered into a contract1 to purchase acreage from appellee. Some two years after the closing the mortgage was foreclosed and the sellers took back the property less some six acres and kept the deposit which had been paid to them.

The appellant filed...

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