5D07-3192 Franklin Pond v. Ricci

State: Florida

Court: Florida Fifth District Court

Docket No: 5D07-3192

Case Date: 04/14/2008

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2008

FRANKLIN POND, INC., AND TOM DOUGHERTY, ETC., Appellant, v. ALAN T. RICCI AND PAULA M. RICCI, Appellees. ________________________________/ Opinion filed April 18, 2008 Appeal from the Circuit Court for Lake County, Mark J. Hill, Judge. Fred A. Morrison, of McLin, Burnsed, Leesburg, for Appellant. William N. Asma, of William N. Asma, P.A., Winter Garden, for Appellee. EVANDER, J. This is an appeal from the involuntary dismissal of a suit for specific performance of a real estate contract. The trial court dismissed the case at the close of the plaintiffs' evidence finding that the plaintiffs/purchasers had failed to present sufficient evidence to establish a written contract between the purported parties based on a meeting of the minds as to all terms. We affirm. Attorney Tom Dougherty was the plaintiffs' only witness who testified as to the negotiations and subsequent execution of the purported contract. Mr. Dougherty was Case No. 5D07-3192

the attorney for his mother, Kathleen Dougherty, and his fianc

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