4D05-2681-Eurohome DI Soleil, LLC v. The Oakes Group, Inc.

State: Florida

Court: Florida Southern District Court

Docket No: 4D05-2681.op

Case Date: 11/02/2005

Plaintiff: 4D05-2681-Eurohome DI Soleil, LLC

Defendant: The Oakes Group, Inc.

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
July Term 2005

EUROHOME DI SOLEIL, LLC, and JOSE A. MARTINEZ,
Petitioners,

v.

THE OAKS GROUP, INC.,
Respondent.

No. 4D05-2681

[November 2, 2005]

KLEIN, J.

Petitioners seek review of an order dissolving a lis pendens, which we review by certiorari.  Martell v. Dubner, 885 So. 2d 469 (Fla. 4th DCA 2004).

The lis pendens was filed in connection with a complaint seeking specific performance of a contract for the sale of real estate.  At the hearing on the motion to dismiss the complaint and the motion to dissolve the lis pendens, the seller argued that the sales contract had required an initial deposit of $25,000 and an additional deposit of $265,000 within five days.  The seller further argued that the second deposit was not timely made and, after several extensions, the seller declared the contract in default.

The buyer responded by pointing out that the contract for sale provided that the initial deposit of $25,000 was to be made within five days, but that there was no time specified for the delivery of the second deposit.  The buyer further stated that it had been trying to deliver the second deposit but that the seller would not respond to the buyer

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