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Cardona v. Lynstar Corp.

Citations: 955 So. 2d 25; 2007 Fla. App. LEXIS 2420; 2007 WL 518207Docket: No. 3D05-1234

Court: District Court of Appeal of Florida; February 20, 2007; Florida; State Appellate Court

Narrative Opinion Summary

This case involves an appeal by Yenny Cardona and Jasmine Cardenas against a summary judgment favoring Lynstar Corporation in an action for specific performance concerning a real estate transaction. Lynstar sought to enforce an alleged agreement to purchase Cardenas's home, claiming a contract was formed when the Sellers countered the closing date to August 15, 2003, although Lynstar did not assent to this change. The Sellers argued no valid contract existed, or if it did, Lynstar's representative indicated an inability to close, thus terminating any agreement. The trial court granted Lynstar's motion for summary judgment, but on appeal, the appellate court reversed, holding that genuine issues of material fact remained, particularly regarding the agreement on the closing date and the existence of a contract. The court emphasized that the closing date is a material term, and the lack of mutual assent precluded summary judgment. Additionally, the court dismissed Lynstar's argument regarding waiver of contractual defenses due to alternative pleadings by the Sellers. The case was remanded for further proceedings to address these unresolved issues.

Legal Issues Addressed

De Novo Review of Summary Judgment

Application: The appellate court conducted a de novo review, affirming that summary judgment is only appropriate where no genuine issues of material fact exist.

Reasoning: The court reviewed the summary judgment order de novo, affirming that summary judgment is appropriate only when there are no genuine issues of material fact.

Formation of Real Estate Contracts

Application: The validity of contract formation was contested due to the lack of assent on a material term, specifically the closing date.

Reasoning: The court emphasized that agreement on a closing date is a material term in real estate contracts.

Specific Performance in Real Estate Contracts

Application: The court reversed the summary judgment for specific performance due to unresolved factual disputes regarding the contract's formation and terms.

Reasoning: The court found that Lynstar did not meet its burden of proving the absence of genuine issues of material fact, leading to the reversal of the judgment.

Waiver of Contractual Defenses

Application: The court rejected the notion that the Sellers waived their right to dispute the contract’s existence by asserting alternative pleadings.

Reasoning: The court noted that the counterclaim was an alternative pleading, and no defenses or objections are waived simply by being included with other defenses.