Palmolive Tower Condominiums v. Simon 

Parties entered into condominium purchase agreement before the Plaintiff had finished construction on the site. Plaintiff sued for declaration of entitlement to escrowed funds, damages for contract breach, and specific performance. Defendants filed counterclaims for contract breach, negligence, and fraud. Circuit court order with language indicating that it is "final and appealable", but not referencing immediate appeal, justness of delay, or Rule 304(a), does not trigger Rule 304(a), and is thus not appealable. Measure of damages is not the value of the items bargained away as part of closing agreement, but the difference in current position and the position which would have been attained had Plaintiff fully performed its duties under the contract. (HALL and LAMPKIN, concurring.)