SONIDO, LLC v. ARCADIA ENTERPRISES, LLC

No. 1D08-1471.

3 So.3d 1273 (2009)

SONIDO, LLC, and WMR Capital Corporation, Appellants, v. ARCADIA ENTERPRISES, LLC, and Arcadia Development Florida, LLC, Appellees.

District Court of Appeal of Florida, First District.

March 10, 2009.


Attorney(s) appearing for the Case

Richard P. Petermann, of Anchors Smith Grimsley, Fort Walton Beach, for Appellants.

Patrick K. McCarthy, of Matthews & Hawkins P.A., Destin, for Appellees.


ALLEN, J.

The appellants challenge a summary judgment in a dispute involving a land sale contract. Because the appellees were not able to deliver good and merchantable title as specified in the contract, the summary judgment should not have been entered in their favor. Instead, summary judgment should have been entered for the appellants on their claim for return of their earnest money deposit.

The property which the appellees were trying to sell includes...

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