ESTATE OF WOLFE v. 224 VIA MARILA, LLC

No. 4D21-1312.

338 So.3d 912 (2022)

ESTATE OF Rosemarie WOLFE, THROUGH its Personal Representative Robert R. MAASS, Esq., Appellant, v. 224 VIA MARILA, LLC, Appellee.

District Court of Appeal of Florida, Fourth District.

May 11, 2022.


Attorney(s) appearing for the Case

J. Michael Burman and Bernard Lebedeker of Reid Burman Lebedeker, Xenick Peppin, West Palm Beach, and Kara Rockenbach Link of Link & Rockenbach, P.A., West Palm Beach, for appellant.

Roberto M. Vargas , Scott G. Hawkins and Brett T. Lashley of Jones Foster, P.A., West Palm Beach, for appellee.


When a seller declared a breach of a real estate contract by the buyer based upon nonperformance, buyer sued for return of its deposit. The court granted summary judgment, concluding that seller had breached first by failing to provide documents referred to in the title commitment, even though those documents had been supplied previously...

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