STARNES v. MARCON INV. GROUP

No. 76-3054.

571 F.2d 1369 (1978)

Bob R. STARNES, Trustee, Plaintiff-Appellee, v. MARCON INVESTMENT GROUP, a Florida Corporation, Defendant, Tropical Isle, Inc., a Florida Corporation, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 22, 1978.


Attorney(s) appearing for the Case

R. Bruce Wallace, Jr., Miami, Fla., for defendant-appellant.

Stuart A. Markus, Miami, Fla., for plaintiff-appellee.

John A. Baldwin, Fern Park, Fla., for defendant.

Before JONES, RONEY and TJOFLAT, Circuit Judges.


RONEY, Circuit Judge:

In this diversity case plaintiff Starnes, purchaser of a tract of coastal property located in the Florida Keys, alleged that defendant seller, Tropical Isle, Inc., did not own 10.84 acres of the 14 acres sold and therefore breached the covenant of seisin contained in its warranty deed. Tropical Isle counterclaimed to foreclose its mortgage on the subject property. The trial judge, sitting without a jury, entered judgment of $89,042.79 in favor...

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