Comments on: Out of Limbo? Monies in excess of 15% Ordered Released in Terra-Adi Intern. Bayshore, LLC v. Georgarious http://lawandequity.com/2009/12/09/out-of-limbo-monies-in-excess-of-15-ordered-released-in-terra-adi-intern-bayshore-llc-v-georgarious/ A review of real estate and intellectual property matters Mon, 02 Apr 2012 12:04:29 +0000 hourly 1 http://wordpress.com/ By: Ride of the Dark Horse: An update on Terra-Adi and Swire Pacific Holdings « The Law and Equity Report http://lawandequity.com/2009/12/09/out-of-limbo-monies-in-excess-of-15-ordered-released-in-terra-adi-intern-bayshore-llc-v-georgarious/#comment-66 Fri, 02 Apr 2010 02:57:23 +0000 http://timothypowersoneill.wordpress.com/2009/12/09/out-of-limbo-monies-in-excess-of-15-ordered-released-in-terra-adi-intern-bayshore-llc-v-georgarious/#comment-66 [...] 785854, (Fla. 3d DCA Mar 10, 2010) which you can read here. As you may recall from my last entry, (here) I discussed in some detail about the return of the monies in excess fifteen percent in an ILSA [...]

]]> By: Dr. M http://lawandequity.com/2009/12/09/out-of-limbo-monies-in-excess-of-15-ordered-released-in-terra-adi-intern-bayshore-llc-v-georgarious/#comment-60 Sun, 27 Dec 2009 16:56:06 +0000 http://timothypowersoneill.wordpress.com/2009/12/09/out-of-limbo-monies-in-excess-of-15-ordered-released-in-terra-adi-intern-bayshore-llc-v-georgarious/#comment-60 Dear Mr. O’Neill,

Could you give us specifics on the court orders after Terranova? I really want to thank you regarding what you wrote. It has made me feel so much better about things.

Dr.M

]]> By: Timothy Powers O'Neill http://lawandequity.com/2009/12/09/out-of-limbo-monies-in-excess-of-15-ordered-released-in-terra-adi-intern-bayshore-llc-v-georgarious/#comment-59 Sun, 27 Dec 2009 13:56:01 +0000 http://timothypowersoneill.wordpress.com/2009/12/09/out-of-limbo-monies-in-excess-of-15-ordered-released-in-terra-adi-intern-bayshore-llc-v-georgarious/#comment-59 Edited your comment to remove the identifying information. Trust me when I say you are not alone in this. Despite the developer’s contention, when you file suit saying you are not going to close there really is no “release” required in my opinion. A declaratory judgment action asking the court to determine the respective rights of the parties has been used in other cases to defeat this specious argument. The appellate brief in this case reveals they argued specific perfomance quite thoroughly, and it was rejected. The court does not tell us why, but the result is there all the same.

]]> By: Dr Miguel M. http://lawandequity.com/2009/12/09/out-of-limbo-monies-in-excess-of-15-ordered-released-in-terra-adi-intern-bayshore-llc-v-georgarious/#comment-58 Sat, 26 Dec 2009 16:28:11 +0000 http://timothypowersoneill.wordpress.com/2009/12/09/out-of-limbo-monies-in-excess-of-15-ordered-released-in-terra-adi-intern-bayshore-llc-v-georgarious/#comment-58 Going through this right now against my Condominium based on exact verbatim contract as Terranova. They are now claiming it is not applicable since they have not released me from the contract. They are claiming Breach and SP. In my case the deposit ws 239,000.
Thank you,

Dr. Miguel M.

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