DAWNING, LTD. v. MGIC-JANIS PROPERTIES, INC.

Nos. 84-1277, 84-1341.

477 So.2d 1033 (1985)

The DAWNING, LTD. and Robert Heller, Appellants/Cross-Appellees, v. MGIC-JANIS PROPERTIES, INC., Appellees/Cross-Appellants. MGIC-JANIS PROPERTIES, INC., Appellants, v. The DAWNING, LTD. and Robert Heller; Heller Construction Company, Inc.; and the City of Orlando, Florida, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied November 1, 1985.


Attorney(s) appearing for the Case

William D. Palmer & Robert C. Wilkins, Jr. of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Orlando, for The Dawning, Ltd. and Robert Heller.

W.L. Kirk, Jr., Michael R. Levin & Sharon L. Stedman of Rumberger, Kirk, Caldwell, Cabaniss & Burke, P.A., Orlando, for MGIC-Janis Properties, Inc.

Richard D. Oldham, III & Sam A. Mackie, Asst. City Attys., Orlando, for The City of Orlando.


DAUKSCH, Judge.

This is a consolidation of three appeals. There are numerous points raised but only one requires our attention in writing because we deem it error.

Dawning agreed to buy development property in the Rosemont subdivision in Orlando from MGIC. The City was to assist in providing sewer and water treatment. The closing of the transfer was delayed and changes or addendums to the contract were made when it was clear that there were problems in obtaining...

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