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Kearns v. Normandy Beach

District Court of Appeal of Florida, Third District
Apr 24, 2002
814 So. 2d 516 (Fla. Dist. Ct. App. 2002)

Opinion

No. 3D01-1212.

April 24, 2002.

An Appeal from the Circuit Court for Miami-Dade County, Jon I. Gordon, Judge.

Stratton Feinstein, and Douglas D. Stratton, Miami, Beach, for appellant.

Phillips, Eisinger, Koss, Rothstein Rosenfeldt, and Jed L. Frankel, Hollywood, for appellee.

Before COPE, LEVY, and RAMIREZ, JJ.


Affirmed. See The Florida Bar v. Joy, 679 So.2d 1165, 1167 (Fla. 1996) (citing United Am. Bank of Cent. Fla., Inc. v. Seligman, 599 So.2d 1014, 1016 (Fla. 5th DCA 1992)), ("In the absence of an express agreement, written or oral, the law will imply from the circumstances of the escrow that the agent has undertaken a legal obligation (1) to know the provisions and conditions of the principal agreement concerning the escrowed property, and (2) to exercise reasonable skill and ordinary diligence in holding and delivering possession of the escrowed property (i.e., to disburse the escrowed funds) in strict accordance with the principals' agreement.").


Summaries of

Kearns v. Normandy Beach

District Court of Appeal of Florida, Third District
Apr 24, 2002
814 So. 2d 516 (Fla. Dist. Ct. App. 2002)
Case details for

Kearns v. Normandy Beach

Case Details

Full title:THOMAS C. KEARNS, Appellant, v. 8911 NORMANDY BEACH, INC., Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Apr 24, 2002

Citations

814 So. 2d 516 (Fla. Dist. Ct. App. 2002)