LEOPOLD v. KIMBALL HILL HOMES FLORIDA, INC.

No. 2D01-4072.

842 So.2d 133 (2003)

Harry LEOPOLD, Appellant, v. KIMBALL HILL HOMES FLORIDA, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 15, 2003.


Attorney(s) appearing for the Case

Kimberly A. Bald and Brian L. Trimyer of Harllee & Bald, P.A., Bradenton, and Douglas R. Bald of Fergeson, Skipper, Shaw, Keyser, Baron & Tirabassi, Sarasota, for Appellant.

Michael L. Rosen and Gregory J. Orcutt of Bricklemyer Smolker & Bolves, P.A., Tampa, for Appellee.


COVINGTON, Judge.

The issue presented is whether the agreement entered into by the parties is a valid, enforceable contract or whether it is simply an agreement to agree in the future. Finding that essential terms remained open for further consideration, the trial court concluded that the agreement was not an enforceable contract. We disagree and thus reverse the final judgment.

Harry Leopold and his wife, Victoria, decided to build a home in the Lakewood...

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