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LA ROSA v. BARBMAR, INC.

Nos. 84-2774, 84-2579.

475 So.2d 1345 (1985)

Salvatore La ROSA, Appellant, v. BARBMAR, INC., d/b/a Barbara Gillman Gallery, Appellee.

District Court of Appeal of Florida, Third District.

October 1, 1985.

Attorney(s) appearing for the Case

Friedman & Lipcon and John S. Seligman, Coral Gables, for appellant.

Deutsch & Blumberg and Edward Blumberg, Miami, for appellee.

Before SCHWARTZ, C.J., and BASKIN and JORGENSON, JJ.

PER CURIAM.

The orders and judgment below are affirmed with the exception of paragraph 7 of the judgment of December 5, 1984 which is vacated because it purports to dispose of issues which were not presented in the relevant pleadings nor tried by consent and were therefore not properly before the court for determination. Tamiami Trail Tours, Inc. v. Cotton, 463 So.2d 1126 (Fla. 1985); Cortina v. Cortina,

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