GOLDSMITH v. BROCKHOUSE

Nos. 3D07-1817, 3D07-1398.

979 So.2d 1135 (2008)

James GOLDSMITH and Monica Goldsmith, Appellants, v. Elaine C. BROCKHOUSE, et al., Appellees.

District Court of Appeal of Florida, Third District.

April 16, 2008.


Attorney(s) appearing for the Case

Jeffrey A. Sarrow, for appellants.

Richard J. Caldwell; Weiss Serota Helfman Pastoriza Cole & Boniske and Joseph H. Serota and Brooke A. Bloom, Miami, for appellees.

Before SUAREZ, CORTIÑAS, and SALTER, JJ.


SALTER, J.

These consolidated appeals are brought by the prospective purchasers, Mr. and Mrs. Goldsmith, of a residential property in Miami Beach, Florida. Their contract, commonly referred to as a "backup" contract, was made expressly subject to the rights of the parties to another, preexisting contract which ultimately closed. After the closing, Mr. and Mrs. Goldsmith filed a complaint seeking to enforce their contract, alleging that the preexisting contract had...

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