Steinberg v. Bay Terrace Apartment Hotel, Inc.
Decision Date | 06 November 1979 |
Docket Number | No. 79-236,79-236 |
Citation | 375 So.2d 1089 |
Parties | Peter STEINBERG and Ina Steinberg, his wife, Appellants, v. BAY TERRACE APARTMENT HOTEL, INC., a Florida Corporation, Appellee. |
Court | Florida District Court of Appeals |
Eli Breger, North Miami Beach, for appellants.
Charles L. Neustein, Miami Beach, for appellee.
Before HENDRY, HUBBART and NESBITT, JJ.
This cause has previously been the subject of an appeal 1 whereby this court reversed the trial court's dismissal with prejudice of Mr. and Mrs. Steinberg's complaint seeking rescission of a real estate contract based upon allegations that the vendor had misrepresented or had mistakenly represented that a particular apartment house purchased by the Steinbergs could be used for twenty-three unit efficiency apartments, when, as was later learned by the purchasers, it could be used for only 10 units under the Miami Beach zoning regulations. After remand for further proceedings, the cause evolved into a foreclosure action brought by the vendor/mortgagee on the purchase money mortgage, and a denial of default and a counterclaim for rescission and cancellation by the appellants. 2 Ultimately, the trial court entered its order which states in pertinent part:
Appellants have raised two points on appeal, contending that the trial court erred in its rulings because (1) the buyer of an apartment building represented to contain twenty-three rentable units is entitled to rescind the transaction after the closing when it is discovered that it contains only 10 rentable units, and (2) under the facts of the case, it was inequitable to permit acceleration of the promissory note and foreclosure of the mortgage securing the note.
As to the first point, we refer to the oft-quoted, well-settled, broad generalization that a person to...
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