JOHNSON v. DAVIS

No. 83-1574.

449 So.2d 344 (1984)

Clarence H. JOHNSON and Dana Johnson, His Wife, Appellants/Cross-Appellees, v. Morton DAVIS and Esther Davis, His Wife, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 9, 1984.


Attorney(s) appearing for the Case

Smith & Mandler and Mitchell W. Mandler, Miami, for appellants/cross-appellees.

Stanley M. Newmark, Miami, Joseph G. Abromovitz, Boston, Mass., for appellees/cross-appellants.

Before HENDRY, BASKIN and JORGENSON, JJ.


JORGENSON, Judge.

The Johnsons, the defendants in an action to rescind a real estate sales contract, appeal a final judgment that returned to the Davises $26,000 of the Davises' $31,000 deposit. The Davises cross-appeal the trial court's award of $5,000 of the deposit to the Johnsons and the trial court's failure to award the Davises costs and fees. For the reasons which follow we affirm the trial court's return of the majority of the deposit to the Davises but reverse...

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