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AVATAR PROPERTIES, INC. v. N.C.J. INV. CO.

Nos. 5D02-1252, 5D02-1253.

848 So.2d 1259 (2003)

AVATAR PROPERTIES, INC., Appellant/Cross Appellee, v. N.C.J. INVESTMENT COMPANY, et al., Appellee/Cross Appellant.

District Court of Appeal of Florida, Fifth District.

July 11, 2003.

Attorney(s) appearing for the Case

John R. Hamilton of Foley & Lardner, P.A., Orlando, for Appellant/Cross Appellee.

Scott A. McLaren and Lynn C. Hearn of Hill, Ward & Henderson, P.A., Tampa, for Appellee/Cross Appellant.

THOMPSON, J.

Avatar Properties, Inc., appeals an order confirming an arbitration award, and N.C.J. Investment Company cross appeals the order. We affirm.

In June 1979, Avatar, then known as GAC Properties, sold a parcel of land to Osceola Petroleum Company, Inc. The deed provided that the seller had the right to repurchase the property if the buyer or its assigns, agents, or operators failed to operate the gas station "to be built," for ninety days. The deed...

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