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Holston v. Bernal

District Court of Appeal of Florida, Third District
Dec 15, 1981
407 So. 2d 332 (Fla. Dist. Ct. App. 1981)

Opinion

Nos. 81-314, 81-836.

December 15, 1981.

Appeal from the Circuit Court for Dade County, Ellen Morphonios Gable, J.

M.S. Marlin and Gary R. Marlin, Coral Gables, for appellants.

Diaz-Asper, Chulock, Chulock Gutierrez and Gustavo Gutierrez, Miami, for appellees.

Before HENDRY, NESBITT and BASKIN, JJ.


We affirm the final judgment ordering specific performance of a contract which provided for the sale to appellees of property owned by appellants. We find no error in the trial court's ruling that appellees had complied with their contractual obligations by delivering the required additional deposit. Appellees were prevented by appellants from performing their remaining obligation, and appellants may not now be heard to complain. Waters v. Key Colony East, Inc., 345 So.2d 367 (Fla. 3d DCA), cert. dismissed, 348 So.2d 949 (Fla. 1977); see generally Paul v. Hurley, 315 So.2d 536 (Fla. 4th DCA 1975).

With regard to the consolidated appeal, we find no abuse of discretion in the trial court's award of attorney's fees which were within the range suggested in affidavits of members of the Bar.

Affirmed.


Summaries of

Holston v. Bernal

District Court of Appeal of Florida, Third District
Dec 15, 1981
407 So. 2d 332 (Fla. Dist. Ct. App. 1981)
Case details for

Holston v. Bernal

Case Details

Full title:JAMES D. HOLSTON AND MARY HOLSTON, HIS WIFE, APPELLANTS, v. ALBERTO BERNAL…

Court:District Court of Appeal of Florida, Third District

Date published: Dec 15, 1981

Citations

407 So. 2d 332 (Fla. Dist. Ct. App. 1981)