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Eichhorst v. Mandalay Shores Co-op

District Court of Appeal of Florida, Second District
Oct 11, 1985
477 So. 2d 25 (Fla. Dist. Ct. App. 1985)

Summary

reversing a judgment of specific enforcement of a real estate sales contract because the contract failed to provide for the method of financing and how the existing mortgage would be satisfied

Summary of this case from Duck v. Brownstar

Opinion

No. 84-1622.

October 11, 1985.

Appeal from the Circuit Court, Pinellas County, Helen S. Hansel, J.

John E. Swisher of Dillinger Swisher, P.A., St. Petersburg, for appellants.

William P. O'Malley, Clearwater, for appellee.


We reverse the trial court's order which granted specific performance in favor of appellee. Specific performance should be denied when no provision is made for an existing mortgage in a transaction of considerable size, such as the present case. See Farrell v. Phillips, 414 So.2d 1119 (Fla. 4th DCA 1982); Nichols v. MoAmCo Corp., 311 So.2d 750 (Fla. 2d DCA 1975). The real estate sales contract upon which specific performance was granted in the present case failed to provide for the method of financing and how the existing mortgage would be satisfied. This is evidenced by the trial court's provision for three financing plans in its final judgment. Accordingly, the trial court's order granting specific performance is reversed.

Because of our disposition of the case, we need not address appellants' remaining points on appeal.

REVERSED.

DANAHY and HALL, JJ., concur.


Summaries of

Eichhorst v. Mandalay Shores Co-op

District Court of Appeal of Florida, Second District
Oct 11, 1985
477 So. 2d 25 (Fla. Dist. Ct. App. 1985)

reversing a judgment of specific enforcement of a real estate sales contract because the contract failed to provide for the method of financing and how the existing mortgage would be satisfied

Summary of this case from Duck v. Brownstar
Case details for

Eichhorst v. Mandalay Shores Co-op

Case Details

Full title:ARNOLD EICHHORST AND ANNA EICHHORST, INDIVIDUALLY AND AS TRUSTEE…

Court:District Court of Appeal of Florida, Second District

Date published: Oct 11, 1985

Citations

477 So. 2d 25 (Fla. Dist. Ct. App. 1985)

Citing Cases

In re Mandalay Shores Co-op. Hous. Ass'n, Inc.

But that specific performance order, issued March 6, 1984 by the Pinellas County, Florida Circuit Court, had…

Eichhorst v. Mandalay Shores Co-op

A final judgment for specific performance was entered by the trial court, but this court reversed finding…