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MARTINEZ v. MELROSE TOWNHOMES, INC.

No. 4D02-1288.

824 So.2d 337 (2002)

Marleny MARTINEZ, Petitioner, v. MELROSE TOWNHOMES, INC., Respondent.

District Court of Appeal of Florida, Fourth District.

August 28, 2002.

Attorney(s) appearing for the Case

Arianne Bombalier Suarez and G. Ware Cornell, Jr. of Cornell & Associates, P.A., Ft. Lauderdale, for petitioner.

Lynette Ebeoglu McGuinness of Murai Wald Biondo & Moreno, P.A., Miami, for respondent.

KLEIN, J.

Petitioner, who signed an agreement to purchase a new town home, sued the developer seeking specific performance and for a return of her deposit. The trial court granted the developer's motion for summary judgment on specific performance, and then transferred the claim for refund of the deposit to county court. Petitioner seeks certiorari review of this non-final order. Petitioner cites Johnson v. Wander,

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