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COLE v. FIRST DEVELOPMENT CORPORATION OF AMERICA

No. 76-377.

339 So.2d 1130 (1976)

E.W. COLE, Appellant, v. FIRST DEVELOPMENT CORPORATION OF AMERICA, a Florida Corporation, Appellee.

District Court of Appeal of Florida, Second District.

November 24, 1976.

Attorney(s) appearing for the Case

William H. Shields of Pavese, Shields, Garner, Haverfield & Kluttz, Fort Myers, for appellant.

F. Lynn Gerald, Jr. of Sheppard & Woolslair, Fort Myers, for appellee.

BOARDMAN, Acting Chief Judge.

Appellant/plaintiff timely appeals a summary judgment entered in favor of appellee/defendant finding that appellant's action was barred by res judicata.

The complaint initiating this case sounded in tort alleging that appellee fraudulently agreed to sell a parcel of real estate which it did not own and prayed for money damages. Appellant had filed a prior suit against the same appellee...

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