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LEFEMINE v. BARON

No. 88-1384.

556 So.2d 1160 (1990)

Daniel LEFEMINE and Catherine A. Lefemine, Appellants, v. Judith W. BARON and S & N Kurash, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 9, 1990.

Attorney(s) appearing for the Case

Joe N. Unger of the Law Offices of Joe N. Unger, P.A., and Gary S. Rackear, Miami, for appellants.

Joseph L. Schneider, Hollywood, and Peter Strelkow of Frank, Schmitt & Frank, P.A., North Bay Village, for appellees.

LETTS, Judge.

The question now before this court is whether the default provision in a real estate contract, calling for retention of the deposit by the seller, was enforceable as liquidated damages or was an unenforceable penalty clause. The trial court upheld the provision as one for liquidated damages. We affirm.

The default provision contained the following language:

DEFAULT: 1. DEFAULT BY...

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