WODZISZ v. LIVE OAK LAND, LLC

No. 4D06-23.

948 So.2d 875 (2007)

Frank B. WODZISZ, Appellant, v. LIVE OAK LAND, LLC, a Florida Limited Liability Company, Appellee.

District Court of Appeal of Florida, Fourth District.

February 7, 2007.


Attorney(s) appearing for the Case

Virginia P. Sherlock and Howard K. Heims of Littman, Sherlock & Heims, P.A., Stuart, for appellant.

Kip A. Davis of Vassallo & Bilotta, P.A., Stuart, for appellee.


STEVENSON, C.J.

In this appeal, Frank Wodzisz, the seller in a land sales contract, challenges a final summary judgment ordering specific performance in favor of the buyer, Live Oak Land, LLC. Because genuine issues of material fact exist, we reverse.

The contract for this large, twenty-acre parcel of mostly unimproved land was subject to a rezoning contingency whereby the purchase price was subject to an upward adjustment based on the number of units for...

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