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SEABREEZE RESTAURANT, INC. v. PAUMGARDHEN

No. 93-02740.

639 So.2d 69 (1994)

SEABREEZE RESTAURANT, INC., a Florida Corporation, Appellant, v. Gaethy PAUMGARDHEN a/k/a Gene LaSalle, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 1, 1994.

Attorney(s) appearing for the Case

C. John Coniglio, Wildwood, for appellant.

Scott C. Ilgenfritz and Rebecca A. Henson of Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A., Tampa, for appellee.

PATTERSON, Judge.

Seabreeze Restaurant, Inc. appeals from an amended final judgment which awards damages to Gaethy Paumgardhen, a/k/a Gene LaSalle (LaSalle), on LaSalle's counterclaim in this breach of contract action. Seabreeze contends that the trial court erred in determining that time was not of the essence in performing the parties' agreement. We agree and reverse.

Seabreeze filed a single-count complaint against...

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