Pendleton v. Witcoski
Florida Court of Appeal
836 So. 2d 1025 (2003)

- Written by Rich Walter, JD
Facts
Patricia Pendleton (plaintiff) contracted to purchase property from Scott and Garth Witcoski (defendants). Both parties assumed that the property was zoned for residential-only use and would continue to be used for residential purposes. In fact, the county had already rezoned the property so that it could also be used for much more valuable commercial purposes. After the contract’s execution but before closing, the Witcoskis learned of the rezoning and demanded a higher price for the property. Pendleton refused and sued the Witcoskis for specific performance. The trial court ordered rescission of the contract on the grounds of the parties’ mutual mistake as to the rezoned property’s higher value. Pendleton appealed to the Florida Court of Appeal.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
Dissent (Ervin, J.)
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