Teubner v. El-Dick, 449 So. 2d 372 (Fla. 4th DCA 1984). · Go Syfert
Teubner v. El-Dick, 449 So. 2d 372 (Fla. 4th DCA 1984). Cases Citing This Book View Copy Cite
2 citation events across 1 distinct court.
Top citers, strongest first. 1 distinct citer. How cited ↗
cited Cited "see" Moraitis v. Galluzzo
Fla. Dist. Ct. App. · 1986 · signal: see · confidence high
See Tuebner v. El Dick, 449 So.2d 372 (Fla. 4th DCA 1984); Polishuck v. Cadin, 411 So.2d 244 (Fla. 3d DCA), review denied, 417 So.2d 328 (Fla. 1982).
Retrieving the full opinion text from the archive…
Marianne TEUBNER
v.
Saadedine M. EL-DICK
No. 83-1595.
District Court of Appeal of Florida, Fourth District.
Apr 18, 1984.
449 So. 2d 372
Maurice M. Garcia of Abrams, Anton, Robbins, Resnick, Schneider & Mager, Hollywood, for appellant., Ronald P. Gossett of Hodges, Gossett, McDonald & Gossett, Hollywood, for appel-lee.
Dell, Hurley, Walden.
Cited by 2 opinions  |  Published
PER CURIAM.

This is an appeal brought by Marianne Teubner (the property owner) from a final judgment which ordered specific performance of an oral contract to sell certain real property. We reverse for two particular reasons:

First: There was no meeting of the minds at any point in time as to certain essential terms of the alleged contract. There was confusion, controversy, and no agreement as to the purchase price and as to the financing or mortgaging arrangements. Such lack is fatal as concerns specific performance. Farrell v. Phillips, 414 So.2d 1119 (Fla. 4th DCA 1982); Mehler v. Huston, 57 So.2d 836 (Fla.1952).

Second: In order to remove an oral contract from the Statute of Frauds and to enforce it, there must be proof of possession of the premises. Polishuk v. Caidin, 411 So.2d 244 (Fla. 3d DCA 1982), pet. for review denied, 417 So.2d 328 (Fla.1982); Avery v. Marine Bank and Trust Company, 216 So.2d 251 (Fla. 2d DCA 1968). Here, there is no such proof of clear and positive acts of possession inconsistent with a finding that appellee (the alleged purchaser) was merely renting the property.

[*373] Having considered all points, the advice and arguments of counsel, and the record, the final judgment on appeal is

REVERSED.

HURLEY, DELL and WALDEN, JJ., concur.