Ewing Holding Corp. v. Egan-Stanley Investments, Inc.

Birdsong, Judge.

Motion to dismiss — Timeliness of appeal. This unusual and convoluted procedural quagmire, involves the following procedural developments. Plaintiff below, the Ewing Holding Corp., entered into a contract to sell an apartment complex to defendant below, Egan-Stanley Investments. Ackerman & Co. was the real estate broker handling the sale. Egan paid Ackerman $25,000 earnest money. Later Egan gave Ackerman a second $25,000 but Egan stopped payment on that check. Ewing in its contract of sale vouched that the apartment complex was zoned A-l, Apartment. In fact, part of the…