Sunset Cove v. Santiago & Tsokos


06/15/09 – 06/16/09

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Play button overlay 45f08f27c7337d189e8c31e635b5d0a0781b273131135cd77ee8b6f12366e7a2


3-day bench trial in Tampa's business litigation division.

The action arises out of a real estate sales contract for the purchase of five parcels of property representing approximately 40 acres.

Sunset Cove asserted that the Santiago repudiated the agreement before closing, and sold one of the parcels to Tsokos. Sunset Cove and Santiago then allegedly agreed after mediation to complete the sale of the remaining four parcels. However, the Santiago nonetheless sold the remaining four parcels to Tsokos.

Sunset Cove then sued the Santiago and obtained a judgment holding that the Santiago should have conveyed to the Sunset Cove. Tsokos contended that the judgment was in error and did not apply because Tsokos was an unjoined necessary party.

Tsokos claimed that the Sunset Cove had no right to the property because Sunset Cove lacked financing to close and did not in fact close within the contract period.

This action involves all three parties in an attempt to determine title and the damages to which any party might be entitled.


The court awarded sanctions against Benny Santiago.



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