Sall v. Luxenberg

Upon consideration of the briefs and oral argument and in particular upon review of the pertinent pleadings and other portions of the trial record before this court, we are of the opinion that the appellants have failed to demonstrate reversible error. Price v. Hernando Beach, Inc., Fla.App. 1973, 286 So.2d 279. Although we recognize as a general proposition that a party seeking to avoid a release must tender the return of whatever has been received in connection with the execution thereof, the state of the record is such as to preclude application of this principle at the present time; for…