XANADU OF COCOA BEACH, INC. v. ZETLEY

No. 86-3346.

822 F.2d 982 (1987)

XANADU OF COCOA BEACH, INC., Plaintiff-Counterclaim Defendant-Appellee, v. Marvin A. ZETLEY, Defendant-Counterclaim Plaintiff-Third-Party Plaintiff-Appellant, v. C & C DEVELOPMENT, INC. and Kenneth E. Alles, Third-Party Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 24, 1987.


Attorney(s) appearing for the Case

Irving D. Gaines, Milwaukee, Wis., for Zetley.

Bruce W. Jacobus, Cocoa Beach, Fla., for Xanadu of Cocoa Beach.

Robert E. Stone, Wolfe, Kirschenbaum & Mosley, Cocoa Beach, Fla., for C & C Development & Kenneth E. Alles.

Before TJOFLAT and HILL, Circuit Judges, and LYNNE, Senior District Judge.


LYNNE, Senior District Judge:

This is an appeal from a judgment for the plaintiff in an ejectment action. On appeal, the unsuccessful defendant makes the following contentions: (1) that the trial court erred by failing to consider the doctrine of part performance, which might have enabled the defendant to prove the existence of an oral agreement to convey the subject realty; (2) that the trial court erred by failing to consider...

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