CUCCARINI v. ROSENFELD

No. 3D09-3470.

76 So.3d 328 (2011)

Roberto CUCCARINI, Appellant, v. Miguel ROSENFELD and Clarissa Rosenfeld, and Fortune International Realty, Inc., Appellees.

District Court of Appeal of Florida, Third District.

October 26, 2011.


Attorney(s) appearing for the Case

Fowler White Burnett and June G. Hoffman , for appellant.

Avila Rodriguez Hernandez Mena & Ferri and Juancarlos Sanchez and Daniel Mena , for appellees Miguel and Clarissa Rosenfeld.

Sala & Gomez, and Daniel Mena and Cesar Gomez , Key Biscayne , for appellee Fortune International Realty, Inc.

Before, WELLS, C.J., and SHEPHERD, and FERNANDEZ, JJ.


FERNANDEZ, J.

This is an appeal from a final judgment on the pleadings entered in favor of the appellees Miguel Rosenfeld and Clarissa Rosenfeld, the sellers. We reverse and remand because there are factual questions that undermine the trial court's conclusion that the sellers were entitled to judgment as a matter of law.

On August 22, 2008, Roberto Cuccarini and Miguel and Clarissa Rosenfeld executed a Residential Sale and Purchase Contract. The closing was...

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