WAKSMAN ENTERPRISES, INC. v. OREGON PROPERTIES, INC.

No. 2D02-2461.

862 So.2d 35 (2003)

WAKSMAN ENTERPRISES, INC., a Florida corporation, Appellant, v. OREGON PROPERTIES, INC., a Florida corporation, and Hill, Ward & Henderson, P.A., a Florida corporation, Appellees.

District Court of Appeal of Florida, Second District.

September 24, 2003.


Attorney(s) appearing for the Case

Joel D. Eaton of Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., Miami, and Gibbons, Cohn, Neuman, Bello, Segall & Allen, P.A., Tampa, for Appellant.

Roy J. Ford, Jr., Lynn C. Hearn, and Marie A. Borland of Hill, Ward & Henderson, P.A., Tampa, for Appellee Oregon Properties, Inc.


CANADY, Judge.

Waksman Enterprises, Inc. (seller) contracted to sell certain real property to Oregon Properties, Inc. (buyer or purchaser). In connection with the contract, Oregon paid Waksman certain funds as deposits. When the transaction failed to close, Waksman sought a declaratory judgment that it was entitled to retain the deposits. Waksman now appeals the trial court's judgment requiring that all the funds paid as deposits be refunded to Oregon. Because we...

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