MURCIANO v. GARCIA

No. 3D06-194.

958 So.2d 423 (2007)

Alfredo MURCIANO, Appellant, v. Miguel I. GARCIA and Shelton & Associates Realtors, Inc., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 19, 2007.


Attorney(s) appearing for the Case

Benitez & Associates and Leo Benitez and Lizette Benitez, for appellant.

Stephen J. Finta, for appellee.

Before FLETCHER and SHEPHERD, JJ., and SCHWARTZ, Senior Judge.


PER CURIAM.

Alfredo Murciano, the seller under a residential real estate purchase and sale agreement, appeals an adverse summary judgment in an action against him for recovery of a deposit made for the purchase of his residence. Having carefully reviewed the record, we conclude that the buyer, Miguel I. Garcia, failed to carry his burden of demonstrating conclusively the absence of any genuine existence of material fact. Accordingly we reverse.

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