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FINST DEV., INC. v. BEMAOR

Nos. 83-619, 83-1714.

449 So.2d 292 (1984)

FINST DEV., INC., Appellant, v. Isaac BEMAOR, Sergio Goldemberg, David Saul, Vulf Mintz, Luba Mintz and Zelman Mintz, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 13, 1984.

Attorney(s) appearing for the Case

Richard M. Gale, Stabinski & Funt, Miami, for appellant.

Fuller & Feingold and John Fuller, Miami Beach, for appellees.

Before BARKDULL, HUBBART and JORGENSON, JJ.

PER CURIAM.

This is an appeal from a final summary judgment rescinding certain contracts for the sale of condominium units, returning the deposits thereon to the plaintiff/buyers, and awarding attorney's fees for the plaintiff/buyers. The material facts of this case, although complex, are undisputed on this record. We conclude that based on these facts the contracts herein were properly rescinded as a matter of law for failure of the defendant/seller to comply substantially...

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