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OCEANIA JOINT VENTURE v. TRILLIUM, INC.

No. 95-3257.

681 So.2d 881 (1996)

OCEANIA JOINT VENTURE, a Florida joint venture; and Castaways Management, Inc., a Florida corporation, Castaways Partnership, a Florida general partnership, Appellants, v. TRILLIUM, INC. and Philip H. Meretsky, Appellees.

District Court of Appeal of Florida, Third District.

October 23, 1996.

Attorney(s) appearing for the Case

Brown Clark & Walters and Stuart Jay Levine and Carolyn F. McDevitt, Sarasota, for appellants.

Davis, Scott, Weber & Edwards and Lori L. Piechura, Miami, for appellees.

Before SCHWARTZ, C.J., COPE and FLETCHER, JJ.

COPE, Judge.

Oceania Joint Venture, Castaways Management, Inc., and Castaways Partnership (collectively "Seller")1, appeal a final judgment awarding appellee Philip H. Meretsky and Trillium, Inc. the deposit Meretsky placed for purchase of a condominium unit. The question is whether, under the mortgage contingency in the purchase contract, Meretsky was entitled to return of the deposit. We conclude that there must be further proceedings...

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