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LEACH v. SALEHPOUR

No. 2D08-1048.

19 So.3d 342 (2009)

Gregory R. LEACH, Appellant, v. Aria SALEHPOUR and Heron Cove Construction, Inc., a Florida corporation, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 29, 2009.

Attorney(s) appearing for the Case

James D. Gibson of Gibson, Kohl-Helbig, Wolff & Hric, P.L., Sarasota, for Appellant.

Stephen Henry Kurvin, Sarasota, for Appellee Aria Salehpour.

No appearance for Appellee Heron Cove Construction, Inc.

DAVIS, Judge.

Gregory R. Leach challenges the trial court's order setting aside its final judgment in Aria Salehpour's breach of contract suit against him. We reverse.

In November 2004, Salehpour and Leach entered into a contract for Leach to build for and sell to Salehpour a single-family residence. Pursuant to the contract, Salehpour paid $21,990 as an earnest money deposit at the time the parties signed the contract. Part IV of the contract stated that...

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