DIXIE PINES LAND & NURSERY, LLC, ETC.
v.
MADISON DEVELOPMENT GROUP LLC

Fla. 3d DCA | 2024-12-11
No. 2022-1627
Lopez, J., Fernandez, J., Lindsey, J., Lobree, J.
2024 FL 13874 Florida District Court of Appeal, Third District (2024)

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Holding

A trial court's decision to grant or withhold specific performance is discretionary and will not be disturbed on appeal unless clearly erroneous.


Headnotes

[1] A trial court's decision to grant or withhold specific performance is discretionary and will not be reversed on appeal unless clearly erroneous.

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Key Quotes

“The decision whether to grant or withhold a judgment for specific performance is a matter within the sound discretion of the trial court which will not be disturbed on appeal unless clearly erroneous.”

Standard of review for specific performance decisions

Facts & Procedural History

Dixie Pines Land & Nursery and Madison Development Group were parties to a dispute involving specific performance. The trial court made a discretionar…

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Opinion of the Court
Lobree

Third District Court of Appeal State of Florida

Opinion filed December 11, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-1627 Lower Tribunal No. 21-23126 ________________

Dixie Pines Land & Nursery, LLC, etc., Appellant,

vs.

Madison Development Group LLC, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Carlos Lopez, Judge.

Mark E. Buechele (Davie), for appellant.

Shahady & Wurtenberger, P.A., and John J. Shahady (Fort Lauderdale), for appellee.

Before FERNANDEZ, LINDSEY and LOBREE, JJ.

PER CURIAM.

Affirmed. See Diaz v. Navajas, 300 So. 3d 746, 746 (Fla. 3d DCA

2 2020) (“The decision whether to grant or withhold a judgment for specific performance is a matter within the sound discretion of the trial court which will not be disturbed on appeal unless clearly erroneous.” (quoting Muniz v. Crystal Lake Project, LLC, 947 So. 2d 464, 469 (Fla. 3d DCA 2006))).


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