SMITH v. HAMILTON

No. 82-123.

428 So.2d 382 (1983)

Gerald R. SMITH and Joan Smith, Appellants, v. Gordon E. HAMILTON, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 8, 1983.


Attorney(s) appearing for the Case

Richard S. Womble of Fertig & Curtis, P.A., Fort Lauderdale, for appellants.

Thomas R. Tatum of Buck & Tatum, P.A., Fort Lauderdale, for appellee.


DELL, Judge.

Gerald and Joan Smith appeal a final judgment ordering specific performance of a contract to convey real property to appellee Gordon Hamilton.

The Smiths were married on August 23, 1978, and lived in a condominium apartment. On December 11, 1978, Gerald Smith listed an unoccupied house, which he owned individually, with a real estate broker. On January 2, 1979, appellee submitted a deposit receipt contract for sale and purchase of the property...

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