STEIN v. HOWELL

No. 4D06-3586.

964 So.2d 825 (2007)

Bruce STEIN, Appellant, v. David HOWELL, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 17, 2007.


Attorney(s) appearing for the Case

Scott C. Cochran and Jeffrey S. Wood of May, Meacham & Davell, P.A., Fort Lauderdale, for appellant.

Joshua M. Atlas and Stuart H. Sakwa of Moore & Lee, LLP., Fort Lauderdale, for appellee.


FARMER, J.

We reverse the trial court's judgment in favor of the seller in this action to recover an earnest money deposit under a contract for the sale of commercial realty. We conclude that the trial court erred in its reading of the contract.

Allan Kern entered into a contract to purchase commercial property from seller. Paragraph 9 of the original contract provided: "in the event any condition [e.s.] of this Contract is not met . . . Buyer's deposit...

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