Jorge Alvarez, Jr. v. Gonzalo Gamba

Summary

The Florida Third District Court of Appeal affirmed final summary judgment for condominium buyers in a breach-of-contract and unjust-enrichment action arising from a failed residential-unit sale. The court held that the buyers’ statutory right to void the agreement continued until closing and that the sellers’ failure to respond to the summary judgment motion permitted the trial court to treat the asserted facts as undisputed. The court dismissed as premature the portion of the appeal concerning attorney’s-fee entitlement.

Holdings

1. The trial court properly granted summary judgment in favor of the Buyers and entered final summary judgment.
2. The court lacked jurisdiction to review the portion of the summary judgment determining entitlement to attorney's fees because the trial court had not fixed the amount of fees; that portion of the appeal was dismissed as premature and without prejudice.

Questions Presented

1. Whether the trial court properly granted summary judgment for the Buyers on the Sellers' claims arising from the failed condominium transaction.
2. Whether the appellate court had jurisdiction to review the trial court's determination that the Buyers were entitled to attorney's fees when the amount of fees had not yet been fixed.

Disposition

other