HOT DEVELOPERS, INC. v. WILLOW LAKE ESTATES, INC.

No. 4D06-2233.

950 So.2d 537 (2007)

HOT DEVELOPERS, INC., a Florida corporation, Appellant, v. WILLOW LAKE ESTATES, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

March 21, 2007.


Attorney(s) appearing for the Case

Abbey L. Kaplan and Jeffrey M. Berman of Kluger, Peretz, Kaplan & Berlin, P.L., Miami, for appellant.

Suzanne M. McLean of Webber, Hinden, McLean & Arbeiter, P.A., Pembroke Pines, for appellee.


GROSS, J.

Hot Developers, Inc. appeals from a final summary judgment that determined that the seller in a commercial real estate transaction was entitled to keep non-refundable deposits after Hot Developers failed to close. We affirm. The deposit provisions were liquidated damages and forfeiture was not unconscionable at the time of the breach.

Summary judgment is proper "only when there are no genuine issues of material fact conclusively shown from the record...

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