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SIMS v. SULLIVAN

No. 92-1217.

619 So.2d 474 (1993)

Charles SIMS, Appellant, v. Michael Francis SULLIVAN, Appellee.

District Court of Appeal of Florida, First District.

June 11, 1993.

Attorney(s) appearing for the Case

Nevin J. Zimmerman of Burke & Blue, Panama City, for appellant.

Carroll L. McCauley, Panama City, for appellee.

PER CURIAM.

We affirm the trial court's entry of summary judgment as to the specific performance count in appellant's complaint against appellee. We reverse the summary judgment as to Count II. While Count II is somewhat inartfully titled "Fraudulent Breach of Contract," we find that the complaint, read in the light most favorable to appellant, states a cause of action for fraud, and not merely for breach of contract. Appellee...

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