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HOOTERS OF AMERICA v. CAROLINA WINGS

No. 93-1759.

655 So.2d 1231 (1995)

HOOTERS OF AMERICA, INC., Hooters of Raleigh, Inc., and Hooters of Charlotte, Inc., Appellants, v. CAROLINA WINGS, INC., and Charlotte Wings, Inc., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied June 29, 1995.

Attorney(s) appearing for the Case

Robert P. Smith and Karen M. Peterson, Hopping, Boyd, Green & Sams, Tallahassee, for appellants.

Stephen D. Busey and Richard R. Thames, Smith, Hulsey & Busey, Jacksonville, for appellees.

LAWRENCE, Judge.

Hooters of America, Inc. (Hooters) appeals a final judgment for damages in the amount of $5,432,565, entered against it and in favor of Carolina Wings, Inc. (Carolina) pursuant to a default. We reverse in part and affirm in part.

Hooters and Carolina entered into a "Development Agreement" (Agreement) in 1988, whereby Carolina purchased "the right of first refusal to participate in the ownership of up to six (6) Hooters' System Restaurants...

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