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BOSWELL v. ZEGEYE

No. 4D06-2660.

954 So.2d 66 (2007)

John J. BOSWELL, individually and as Trustee, Appellant, v. Yonas ZEGEYE and Hirut Seleshi, Appellees.

District Court of Appeal of Florida, Fourth District.

April 11, 2007.

Attorney(s) appearing for the Case

Allen R. Tomlinson of Jones, Foster, Johnston & Stubbs, P.A., West Palm Beach, and Edna L. Caruso of Edna L. Caruso, P.A., West Palm Beach, for appellant.

Alfred A. LaSorte, Jr., and Matthew R. Chait of Shutts & Bowen LLP, West Palm Beach, for appellees.

MAY, J.

The seller appeals a partial summary judgment that determined he was not entitled to a one million dollar deposit as liquidated damages for the buyers' breach of an agreement for the sale of real property. The outcome of the appeal is determined by whether Lefemine v. Baron, 573 So.2d 326 (Fla.1991) applies. We hold that it does not and reverse.

On June 23, 2005, the buyers agreed to purchase the seller's...

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