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CLOUD v. SCHENCK

No. 1D03-2023.

869 So.2d 709 (2004)

Robert Wayne CLOUD, Appellant, v. Joseph T. and Toni R. SCHENCK, Appellees.

District Court of Appeal of Florida, First District.

April 6, 2004.

Attorney(s) appearing for the Case

R. Frank Myers, Esquire, Levine Stivers & Myers, Tallahassee, for Appellant.

James V. Cook, Esquire, Tallahassee, for Appellees.

PER CURIAM.

Appellant Robert Cloud appeals the trial court's order entering final summary judgment in favor of appellees Joseph and Toni Schenck. On appeal, appellant argues that summary judgment was improper because material issues of fact remain and because the liquidated damages clause at issue is invalid as a matter of law. We agree with appellant that the liquidated damages clause is invalid as a matter of law and,...

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