Opinion
No. 93-1014.
December 28, 1993.
An Appeal from the Circuit Court for Dade County, Rosemary Usher Jones, Judge.
Vivian T. Figueras, Coral Gables, for appellants.
Michael P. Weisberg, Miami, for appellees.
Before NESBITT, COPE and LEVY, JJ.
Appellants Orlando Alvarez, Frank Rotella, and Omayda Rotella appeal an adverse final judgment after bench trial.
Appellants were buyers under a contract for purchase and sale of real estate. A closing was held but buyers refused to close. Leaving aside the question whether buyers' performance was excused because of the financing contingency in the contract, there was no substantial competent evidence establishing that the appellee sellers had provided a title insurance commitment to buyers, as the contract required. Under authority of Wood v. Ensworth, 430 So.2d 617, 618 (Fla. 2d DCA 1983), the judgment is reversed and the cause remanded with directions to enter judgment for appellants.
Reversed and remanded.