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PAKALSKI v. CFC PASADENA GOLF, LLC

No. 2D08-5160.

42 So.3d 869 (2010)

Paul PAKALSKI, Appellant, v. CFC PASADENA GOLF, LLC, Appellee.

District Court of Appeal of Florida, Second District.

August 18, 2010.

Attorney(s) appearing for the Case

Donald H. Whittemore and Abby J. Bourgeois of Phelps Dunbar LLP, Tampa, for Appellant.

Thomas J. Roehn and Laura K. Whitmore of Carlton Fields, P.A., Tampa, for Appellee.

KELLY, Judge.

Paul Pakalski appeals from the final judgment dismissing his second amended complaint with prejudice. In his complaint, Pakalski (the seller) sought specific performance of a land contract breached by CFC Pasadena Golf, LLC (the buyer). The court dismissed the action on the basis that the seller's retention of a nonrefundable deposit precluded the seller from also seeking specific performance. We reverse because under the terms of the contract the disbursement...

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