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SPAZIANI v. BANCROFT

No. 92-1744.

618 So.2d 744 (1993)

Joseph C. SPAZIANI, Appellant, v. Joseph C. BANCROFT and Croft Metals, Inc., a Mississippi Corporation, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 3, 1993.

Attorney(s) appearing for the Case

James R. Spence, Orlando, and Timothy R. Eves, Winter Springs, for appellant.

Ned N. Julian, Jr. of Stenstrom, McIntosh, Julian, Colbert, Whigham & Simmons, P.A., Sanford, for appellee.

PER CURIAM.

AFFIRMED.

HARRIS and PETERSON, JJ., concur.

W. SHARP, J., dissents with opinion.

W. SHARP, Judge, dissenting.

I respectfully dissent because I think Spaziani's four-count complaint should survive appellees' motion for summary judgment. The final judgment was premised on the ground that Spaziani was entitled to no relief on any of the four counts he pled1 because he could prove only an oral three...

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