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PENINSULA YACHT CAY DEV., INC. v. SOUTHERN FLORIDABANC SAVINGS ASS'N

No. 89-462.

552 So.2d 1139 (1989)

PENINSULA YACHT CAY DEVELOPMENT, INC., Robert Smoley and Stephen Katz, Peninsula Development Group, Appellants, v. SOUTHERN FLORIDABANC SAVINGS ASSOCIATION, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 11, 1989.

Attorney(s) appearing for the Case

Kelvin L. Averbuch, Orlando, for appellants.

Katz, Barron, Squitero & Faust, and Fred R. Kucker and Beth F. Jacobi, Miami, for appellee.

Before HUBBART, BASKIN and FERGUSON, JJ.

PER CURIAM.

Peninsula Yacht argues several inapplicable theories in support of its contention that the trial court erred in granting summary judgment in favor of Southern Floridabanc Savings (Southern) on their counterclaim against Peninsula Yacht Cay Development, Inc. (Peninsula). Appellee's res judicata and law of the case theories are similarly inapplicable. The issue before us is simply whether there are any genuine issues of material fact which preclude summary...

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