FABEL v. MASTERSON

No. 4D05-4395.

951 So.2d 934 (2007)

Warren M. FABEL, Appellant, v. Doreen L. MASTERSON and Frank Zammiello, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 20, 2007.


Attorney(s) appearing for the Case

Robert Rivas of Sachs, Sax & Klein, Tallahassee, for appellant.

John C. Dotterrer and Jenny Torres of John C. Dotterrer, Counsellors at Law, P.A., Palm Beach, for appellees.


MAY, J.

A failed real estate transaction resulted in a summary judgment for the buyers. The seller appeals the judgment, and raises four issues. Among them, he argues that the trial court erred in finding the buyers were excused from complying with the contract's deposit requirements because of a lis pendens filed against the property. We agree and reverse.

The seller and his former wife divorced on August 12, 1996. As part of the dissolution, the former...

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