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MEYERS v. CUNNINGHAM

No. 81-2020.

415 So.2d 802 (1982)

William L. MEYERS, Appellant, v. David A. CUNNINGHAM, Evelyn B. Cunningham, Audrey A. Elver and Elver-McBride Assoc., Inc., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 2, 1982.

Attorney(s) appearing for the Case

Frigola, DeVane & Wright, P.A. and Thomas D. Wright and Leonard J. Cooperman, Marathon, for appellant.

Michael H. Cates, Key West and Thomas J. Dowdell, III, Marathon Shores, for appellees.

Before HUBBART, C.J., SCHWARTZ, J., and PEARSON, TILLMAN (Ret.) Associate Judge.

PER CURIAM.

The final judgment under review is reversed and the cause is remanded to the trial court with directions to enter judgment for the plaintiff William L. Meyers as prayed for in his complaint. The uncontradicted evidence in this record establishes that the plaintiff Meyers was entitled to the return of his $13,000 deposit sued for in this action under the contract which he entered into for the purchase of certain realty in Monroe County, Florida.

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