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COHEN v. CHAMPLAIN TOWERS NORTH

Nos. 83-1871, 83-2876.

452 So.2d 989 (1984)

Sylvia COHEN, Appellant, v. CHAMPLAIN TOWERS NORTH ASSOCIATES, a Florida General Partnership, Ryegon Investments, Inc., a Florida Corp.; and Rigo Investments, Inc., a Florida Corp., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 31, 1984.

Attorney(s) appearing for the Case

Richard M. Gale, Miami, Lisa Bennett, Coral Gables, for appellant.

Buchbinder & Elegant and Steven A. Colsky, Miami, for appellees.

Before HUBBART, DANIEL S. PEARSON, and FERGUSON, JJ.

FERGUSON, Judge.

Sylvia Cohen initiated this action seeking rescission of a Purchase and Sale Agreement and return of a cash deposit made towards the purchase of a one-bedroom condominium unit. The developer, Champlain Towers North Associates, counterclaimed seeking to retain the deposit. Plaintiff appeals from a final adjudication on the counterclaim that the developer is entitled to retain the $26,600 deposit because plaintiff anticipatorily breached the agreement...

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