Caponey v. Andrews, 85-1404

• Decision Date: 26 June 1986
• Docket Number: No. 85-1404,85-1404
• Citation: Caponey v. Andrews, 490 So.2d 231, 11 Fla. L. Weekly 1430 (Fla. App. 1986)
• Parties: 11 Fla. L. Weekly 1430 Jay CAPONEY, Appellant, v. S.D. ANDREWS, Appellee.
• Court: Florida District Court of Appeals

Page 231

490 So.2d 231

11 Fla. L. Weekly 1430

Jay CAPONEY, Appellant, v. S.D. ANDREWS, Appellee.

No. 85-1404.

District Court of Appeal of Florida Fifth District.

June 26, 1986.

Appeal from the Circuit Court for Sumter County; John W. Booth, judge.

Robert E. Wilson and Ralph J. McMurphy of Green, Simmons, Green, Hightower & Gray, P.A., Ocala, for appellant.

No appearance for appellee.

SHARP, Judge.

We reverse because we think Caponey, the appellant, fully established his right at trial to specific performance of his contract with Andrews, appellee, for the purchase of real property located in Sumter County, Florida. There is no basis in the record to sustain the trial judge's conclusions that the terms of the contract are vague, ambiguous, or uncertain, or that the contract lacks "mutuality." Further, there is no basis in the record to give any substance to the trial judge's finding that Caponey had "unclean hands" or that he acted in an inequitable manner towards Andrews as regards this transaction or this contract. ¹

Accordingly, the final judgment denying specific performance to Caponey is reversed, and the cause is remanded with directions to the trial court to grant specific performance, and to set a short and certain date for the closing of the contract pursuant to its terms.

REVERSED AND REMANDED.

COBB, C.J., and COWART, J., concur.

1 See Engle v. Acopian, 432 So.2d...