Konas v. Coastal Lumber Co.

I would affirm the summary judgment entered below, which judgment is, in pertinent part, as follows:

Based upon the undisputed facts of record the Court finds as a matter of law that the agreement between COASTAL and Fathaly for the sale of the timber constituted a present sale of “goods” pursuant to the provisions of Section 672.107(2), Florida Statutes and title to the goods (here, timber) vested in COASTAL at the time the agreement with Fathaly was entered. By withholding his mortgage from record during the period of time that COASTAL negotiated the purchase of the timber from Fathaly,…