Opinion
Nos. 83-619, 83-1714.
March 6, 1984. Rehearing Denied April 13, 1984.
Appeal from the Circuit Court, Dade County, Joseph J. Gersten, J.
Richard M. Gale, Stabinski Funt, Miami, for appellant.
Fuller Feingold and John Fuller, Miami Beach, for appellees.
Before BARKDULL, HUBBART and JORGENSON, JJ.
This is an appeal from a final summary judgment rescinding certain contracts for the sale of condominium units, returning the deposits thereon to the plaintiff/buyers, and awarding attorney's fees for the plaintiff/buyers. The material facts of this case, although complex, are undisputed on this record. We conclude that based on these facts the contracts herein were properly rescinded as a matter of law for failure of the defendant/seller to comply substantially with certain provisions of the Florida Condominium Act, §§ 718.202, 718.503, 718.504, Fla. Stat. (1981), and the Federal Interstate Land Sales Full Disclosure Act, 15 U.S.C. § 1701 et seq. (1982); see Dorchester Development, Inc. v. Burk, 439 So.2d 1032 (Fla. 3d DCA 1983). We also agree that as a matter of law the counterclaim herein has no merit based on this record. Finally, we conclude that the attorney's fees awarded below were reasonable and authorized by Section 718.506(2), Florida Statutes (1981). See Pfohl v. Pfohl, 345 So.2d 371, 379 (Fla. 3d DCA 1977). We accordingly affirm in all respects the final summary judgment under review.
Affirmed.