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SUAREZ v. SABERLO FAMILY LTD. PARTNERSHIP

No. 3D04-1398.

947 So.2d 455 (2006)

Juan SUAREZ, Appellant, v. SABERLO FAMILY LIMITED PARTNERSHIP, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 12, 2007.

Attorney(s) appearing for the Case

Pedro F. Martell; Alayon & Associates, Coral Gables, and Richard A. Alayon; Paul Morris, Miami, for appellant.

Albert D. Rey, Miami, for appellee.

Before COPE, C.J., and FLETCHER and RAMIREZ, JJ.

COPE, C.J.

This is an appeal of a final order dismissing a second amended complaint for specific performance with prejudice. We conclude that the trial court erred by declaring the contract illusory, and remand for further proceedings.

The plaintiff Juan Suarez ("Buyer") entered into a contract with the defendant Saberlo Family Limited Partnership ("Seller") to purchase vacant land. The contract contained a Feasibility Study provision. This provision stated...

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