01-0319 CORDON V. LA GRANDE

State: Florida

Court: Florida Third District Court

Docket No: 01-0319 CORDON V. LA GRANDE

Case Date: 12/05/2001

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001 MARIE FLORENCE B. CORDON, Appellant, vs. LA GRANDE PROPERTIES, INC., a Florida corporation, and RAUL VERA a/k/a PAUL VERA, an individual, Appellees. ** Opinion filed December 5, 2001. An Appeal from the Circuit Court for Dade County, Amy Dean, Judge. J. Wil Morris, for appellant. Rasco, Reininger & Perez and Paul Haralson, for appellees. Before SCHWARTZ, C.J., and GREEN and SHEVIN, JJ. PER CURIAM. The plaintiff buyer appeals from a final order dismissing a complaint for the return of her deposit in a failed real estate transaction. The apparent basis of the ruling was that the ** ** ** ** ** ** CASE NO. 3D01-319 LOWER TRIBUNAL NO. 00-20120

plaintiff had not given timely written notice of cancellation as

the terms of the agreement arguably required. We reverse as to the seller-deposit holder, La Grande Properties, Inc., because the complaint--perhaps unnecessarily-contained adequate allegations that the requirement in question had been waived by the actions of the seller. See Torres v. K-Site 500 Assocs., 632 So. 2d 110 (Fla. 3d DCA 1994); American Somax Ventures v. Touma, 547 So. 2d 1266 (Fla. 4th DCA 1989).1 The case is

remanded for appropriate determination of the claim against La Grande on the merits. As to the individual defendant, Raul Vera, the principal of La Grande, however, we agree that no allegation sufficient to pierce the corporate veil has been, or could be made. See Dania Jai-Alai Palace, Inc. v. Sykes, 450 So. 2d 1114 (Fla. 1984). Accordingly, the judgment in his favor is affirmed. Affirmed in part; reversed in part.

1

The order granting attorney's fees is likewise reversed. 2

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