Esplendido Apartments v. Olsson

OPINION

BROOKS, Judge.

This is an appeal from a summary judgment dismissing appellants’ (hereafter referred to as buyers) counterclaim for breach of a purchase agreement with prejudice and awarding attorney’s fees to appellee (hereafter referred to as seller). Seven issues are raised on appeal:

1. Whether the trial court’s dismissal of seller’s complaint as premature precludes seller from raising the same issues in defense of buyers’ counterclaim.

2. Whether seller’s premature filing of an action on the contract between the parties constitutes an anticipatory breach or a repudiation of the…