McDAY CORP. v. COLONIAL PENN COMMUNITIES

Nos. 83-1042, 83-1243 and 84-106.

462 So.2d 20 (1984)

McDAY CORPORATION, et al., Appellants, v. COLONIAL PENN COMMUNITIES, INC., et al., Appellees. COLONIAL PENN COMMUNITIES, INC., et al., Appellants, v. COLONIAL PENN GROUP, INC., Etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearings Denied January 11, 1985.


Attorney(s) appearing for the Case

Sylvia J. Walbolt and John J. Cunningham, Jr., Tampa and Alan C. Sundberg, of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tallahassee, and Katz, Squitero & Linden, Miami, for McDay Corporation and Coast Mortgage and Realty Investors.

Ted R. Brown and Miranda Franks, of Maguire, Voorhis & Wells, P.A., Orlando, for Colonial Penn Commmunities, Inc. and Colonial Penn Group, Inc.


SHARP, Judge.

The McDay Corporation and Coast Mortgage and Realty Investors (hereinafter collectively referred to as Buyer) appeal from a final judgment determining that Colonial Penn Communities, Inc. was entitled to retain Buyer's $250,000.00 deposit made on a purchase and sale agreement with Colonial, because Buyer breached its agreement with Colonial by failing to close on August 30, 1982. We reverse because the record...

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