McAlister v. Salas

FRANK, Judge.

This is the second appearance of this litigation before the court. In McAlister v. Salas, 442 So.2d 375 (Fla.2d DCA 1983), which we refer to in this opinion as McAlis-ter # 1, we found that an enforceable contract existed between the purchaser, McAl-ister, and the seller, Salas, and that failure to consummate the conveyance of the subject land was solely the fault of Salas. We remanded to the trial court and empowered it to determine the appropriate remedy, i.e. damages or specific performance. The trial court awarded McAlister damages and, solely for the reason set forth below,…