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D & D HOTDOGS & BEEF, INC. v. PLANTATION FOUNTAINS ASSOCIATES

No. 92-3714, 93-0525.

634 So.2d 714 (1994)

D & D HOTDOGS & BEEF, INC., a Florida corporation, and Palm Beach Yogurt, Inc., a Florida corporation, Appellants, v. PLANTATION FOUNTAINS ASSOCIATES LIMITED PARTNERSHIP f/k/a Lincoln Property Company No. 1315 Ltd., a Florida limited partnership, through its general partners, Darryl W. Parmenter, Fountains Rpf Realty Corporation, a Florida corporation, and Lincoln Property Company No. 2123, Ltd., a Florida limited partnership, through its general partners Mack Pogue and William C. Duvall, Breezeway Cafe, Inc., a dissolved Florida corporation, Dining Delight, Inc., a Florida corporation, Larry L. Bachove, individually, and as trustee of Breezeway Cafe, Inc., and Craig M. Bachove, individually, and as trustee of Dining Delight, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing and/or Clarification Denied May 5, 1994.

Attorney(s) appearing for the Case

Wayne Kaplan of Kaplan & Gaylord, P.A., Boca Raton, for appellants.

David W. Black, Atkinson, Diner, Stone & Cohen, P.A., Hollywood, for appellee Plantation Fountains.

Gary D. Fields, Palm Beach Gardens, for appellees Craig Bachove and Dining Delight, Inc.

Rehearing En Banc and/or Clarification Denied May 5, 1994.

PER CURIAM.

Sua sponte we consolidate Case Nos. 92-3714 and 93-0525.

We affirm the trial court's orders of dismissal and order granting final summary judgment in favor of appellees Plantation Fountains Assoc. Limited Partnership, Darryl Parmenter, Fountains RPF Realty Corporation, Lincoln Property Company No. 2123, Ltd., Mack Pogue and William Duvall (hereinafter "Plantation Fountains"). We...

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