FINANCIAL SERVICES, INC. v. SHEEHAN

Nos. 88-1380, 88-1954.

537 So.2d 1111 (1989)

FINANCIAL SERVICES, INC., a New Jersey Corporation, Appellant, v. Diane SHEEHAN, Appellee.

District Court of Appeal of Florida, Third District.

January 31, 1989.


Attorney(s) appearing for the Case

Siegfried, Kipnis, Rivera, Lerner & De La Torre, Coral Gables and Peter Edwards, Miami, for appellant.

Barnett & Kress and Robert Barnett, Miami, for appellee.

Before SCHWARTZ, C.J., and BARKDULL and BASKIN, JJ.


SCHWARTZ, Chief Judge.

The seller in a failed real estate transaction appeals from a judgment entered after a non-jury trial awarding the prospective purchaser the return of her deposit. We reject both of the appellant's points on appeal.

First, we hold that the evidence supports the trial court's finding that the appellee had fully complied with the contractual provision that she attempt to secure mortgage financing and was thus entitled to recover the deposit...

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