Gevas v. Fernandez

I respectfully dissent. Because an award of specific performance in favor of appellee Ted Fernandez would not achieve a just and fair result, I would reverse the final judgment entered in favor of Fernandez.

This case originates from a contract Fernandez entered into with the appel*150lants Phil and Monique Gevas to purchase a newly constructed home. The case before us arises from a declaratory judgment action the sellers, the Gevases, filed against the buyer, Fernandez, for breach of contract just prior to the court’s confirmation of an arbitration award. Subsequent to the sellers’ dismissal of…