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STUTZKE v. KOHL

Nos. 90-0073, 90-0644.

576 So.2d 356 (1991)

Michael STUTZKE, Appellant, v. Sidney KOHL and David L. Walker, General Partners D/B/a Deerfield Groves Partnership, Graves Brothers Company, a Florida Corporation, and Indian River Citrus Sales, Inc., a Florida Corporation, Appellees. Michael STUTZKE, Appellant/Cross Appellee, v. D.G.C. LIQUIDATION COMPANY, a New Jersey Corporation, Formerly Known As Deerfield Grove Company, Appellee/Cross Appellant.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 12, 1991.

Attorney(s) appearing for the Case

Michael O'Haire of Smith, O'Haire, Quinn & Garris, Vero Beach, for appellant/cross appellee.

Larry Klein and Jane Kreusler-Walsh of Klein & Walsh, P.A., West Palm Beach, and Neill, Griffin, Jeffries & Lloyd, Fort Pierce, for appellees-Sidney Kohl, David L. Walker, Deerfield Groves Partnership, Graves Bros. Co. and Indian River Citrus Sales, Inc.

Kevin S. Doty of Moss, Henderson, Van Gaasbeck, Blanton & Koval, P.A., Vero Beach, for appellee/cross-appellant-D.G.C. Liquidation Co.

PER CURIAM.

We sua sponte consolidate case numbers 90-0073 and 90-0644.

Appellant, Michael Stutzke (hereinafter "Stutzke"), owned a retail fruit gift shop in Palm Beach County. Deerfield Groves Company (now known as DGC Liquidation Company, Inc.) (hereinafter "DGC"), produced and marketed a trademarked brand of grapefruit. Stutzke entered into an oral agreement with DGC for the exclusive right to sell the "Orchid" grapefruit in South Florida. Less than a year...

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