Affirms grant of appellee's complaint seeking SP of a real estate purchase agreement and denial of appellant's counterclaim for foreclosure

Friday, October 10, 2008 by Bose Archives

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UNPUBLISHED


Neil Smith appeals from the trial court’s order following a bench trial. Specifically, Smith contends that the trial court erred in granting Rachelle Liddil’s complaint seeking specific performance of a real estate purchase agreement and denying his counterclaim for foreclosure.


Conclusion (slip op. at 4):  Here, the evidence supporting the trial court’s determination is Liddil’s testimony that Smith "was paid in full." Additionally, the Final Report and Accounting provided by Liddil established that all of her creditors, including Smith, had been paid. In light of the evidence supporting Liddil’s claim that Smith had been paid in full, we conclude that the judgment of the trial court was not erroneous. The judgment of the trial court is affirmed.

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