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ARVILLA MOTEL, INC. v. SHRIVER

No. 2D04-1395.

889 So.2d 887 (2004)

ARVILLA MOTEL, INC., a Florida corporation, Appellant, v. Stewart SHRIVER, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 12, 2005.

Attorney(s) appearing for the Case

Patricia Fields Anderson, St. Petersburg, for Appellant.

Peter D. Graham of Zacur & Graham, P.A., St. Petersburg, for Appellee.

VILLANTI, Judge.

Arvilla Motel, Inc. (Arvilla), challenges a final judgment that required it to specifically perform on a contract to sell the Arvilla Motel, valued at over 1.5 million dollars, to Stewart Shriver. The dispute between Arvilla and Shriver centers around the closing date and a "time is of the essence" clause. The trial court found that the "time is of the essence" clause was either waived or modified and Shriver did not breach the contract by failing...

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