BELLON v. ACOSTA

No. 3D08-2515.

10 So.3d 1165 (2009)

Erik BELLON and Amy S. Bellon, Appellants, v. Julio C. ACOSTA and Christine M. Acosta, Appellees.

District Court of Appeal of Florida, Third District.

May 27, 2009.


Attorney(s) appearing for the Case

Zumpano Patricios & Winker and Leon N. Patricios, Coral Gables, for appellants.

Damian & Valori and Melanie E. Damian, Miami, for appellees.

Before COPE, RAMIREZ, and SUAREZ, JJ.


COPE, J.

This is an appeal of a judgment on the pleadings determining entitlement to the possession of a deposit for the purchase of residential real estate. Based on the wording of the contract, we conclude that the deposit should have been awarded to the sellers, rather than the buyers.

Julio and Christine M. Acosta ("Buyers") entered into a contract to purchase a home being sold by Erik and Amy S. Bellon ("Sellers") for $5.65 million. The Buyers posted...

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