NESS RACQUET CLUB, LLC v. OCEAN FOUR

Nos. 3D11-459, 3D10-3039.

88 So.3d 200 (2011)

NESS RACQUET CLUB, LLC, Appellant, v. OCEAN FOUR 2108, LLC, Appellee.

District Court of Appeal of Florida, Third District.

October 5, 2011.


Attorney(s) appearing for the Case

Richard and Richard and Dennis Richard , Miami and Michael R. Tolley , for appellant.

Barakat Law and Brian Barakat , Michelle Alvarez Barakat , and Bruce Jacobs. , Miami, for appellee.

Before SUAREZ, LAGOA, and EMAS, JJ.


SUAREZ, J.

Ness Racquet Club, LLC ("Ness"), appeals a final summary judgment in favor of Ocean Four 2108, LLC ("Ocean Four"), the defendant, and a non-final order denying Ness's motion to dissolve writ of garnishment. We reverse the final summary judgment and the order denying the motion to dissolve.

On November 1, 2006, Ness, a developer, and Ocean Four entered into a preconstruction purchase and sale agreement for a condominium unit at Eloquence on the Bay...

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