DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
ALBA MORALES,
Appellant,
v.
NAJEEB IQBAL, AS TRUSTEE OF GRANTOR TRUST #660 U/A/D
07/07/2017,
Appellee.
No. 4D22-1852
[June 14, 2023]
Appeal from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; Carlos A. Rodriguez, Judge; L.T. Case No.
CACE20013767.
Carlos A. Ziegenhirt of Carlos A. Ziegenhirt, P.A., Miami, for appellant.
Matthew M. Slowik of Matthew M. Slowik, P.A., Coral Springs, for
appellee.
PER CURIAM.
Alba Morales appeals the trial court’s final summary judgment in favor
of Najeeb Iqbal as Trustee of Grantor Trust # 660 U/A/D 07/07/2017. We
affirm. However, because the record reflects the real property that was the
subject of the action for specific performance was conveyed to a third
party, this cause “is remanded to the trial court for a determination as to
whether a decree of specific performance can be rendered in light of such
conveyance.” Nat’l Indus. Bank of Miami v. Forbes,
270 So. 2d 426, 426–
27 (Fla. 4th DCA 1972). If the trial court finds specific performance
impossible, it should then conduct an evidentiary hearing on whether an
award of damages under appellee’s other claims is appropriate. See
id. at
427 (“Should the trial court find that it is impossible to grant the equitable
relief requested then in that event the trial court shall be authorized to
conduct an evidentiary hearing for the purpose of ascertaining and
awarding damages incidental to the main relief sought.”); Camp v. Parks,
314 So. 2d 611, 616 (Fla. 4th DCA 1975) (finding specific performance was
impossible, so the order was “reversed and the cause remanded with
respectful instructions to allow plaintiff to seek money damages for breach
of contract”).
Affirmed and remanded with instructions.
KLINGENSMITH, C.J., GROSS and CIKLIN, JJ., concur.
* * *
Not final until disposition of timely filed motion for rehearing.
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