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Martucci v. Green Kroll Corp.
Citations: 483 So. 2d 789; 11 Fla. L. Weekly 411; 1986 Fla. App. LEXIS 6339Docket: No. 85-549
Court: District Court of Appeal of Florida; February 11, 1986; Florida; State Appellate Court
Appellant entered into a contract to purchase a home from the appellee corporation, contingent on qualifying for an existing mortgage. After failing to qualify, he sought the return of his deposit, which the appellee refused, prompting him to file for a declaratory judgment. The trial focused on whether the appellant made a bona fide effort to qualify for the mortgage. His testimony demonstrated a prima facie case of good faith effort. However, the trial court granted the appellee's motion for involuntary dismissal at the close of the appellant's case, seemingly assessing the credibility of the appellant's testimony, which is inconsistent with established legal precedent (Tillman v. Baskin, 260 So.2d 509 (Fla.1972)). The judgment and the order awarding attorney’s fees were reversed, and the case was remanded for a new trial, with Judges Walden and Glickstein concurring.