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FIRST SARASOTA SERVICE CORP. v. MILLER

No. 83-1791.

450 So.2d 875 (1984)

FIRST SARASOTA SERVICE CORPORATION and Ramar Group Holdings, Inc., General Partners, D/B/a Plantation Associates, a Florida General Partnership, and Ramar Properties, Inc., a Florida Corporation, Appellants, v. David G. MILLER and Eleanor K. Miller, Husband and Wife; Richard Jordan; Douglas P. Brecher; Henry Hutchinson and Elizabeth M. Hutchinson, Husband and Wife; Paul E. Pluchino and Marjorie J. Pluchino, Husband and Wife; Paul E. Hansen; Gena M. King; and Lucie Saavedra, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 6, 1984.

Attorney(s) appearing for the Case

William E. Getzen and A. Lamar Matthews, Jr., of Williams, Parker, Harrison, Dietz & Getzen, Sarasota, for appellants.

W. Russell Snyder of Snyder & MaCris, and John J. Dulmer, Jr., of Dulmer & Tracy, Venice, for appellees.

SCHEB, Acting Chief Judge.

Appellants, the developer and escrow agent, challenge a summary final judgment awarding eight purchasers the return of their earnest money deposits under several preconstruction contracts for the purchase of condominium units. We reverse.

During November and December 1980, appellees signed separate agreements with Plantation Development Company for the purchase of eight condominium units. Each purchaser deposited ten percent of the...

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