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ESTATE OF READ v. A.D.K. PROPERTIES

No. 2D99-2962.

766 So.2d 393 (2000)

In re The ESTATE OF Anna K. READ, Anna K. Read Trust dated January 8, 1992 and Ralph Desimone, as heir to Anna K. Read and as successor trustee of the Anna K. Read Trust dated January 8, 1992, Appellants, v. A.D.K. PROPERTIES, a Florida General Partnership, Appellee.

District Court of Appeal of Florida, Second District.

August 11, 2000.

Attorney(s) appearing for the Case

J. Michael Rooney, Punta Gorda, for Appellants.

John A. Schaefer, Sharon E. Krick and Charles A. Samarkos of Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A., Clearwater, for Appellee.

STRINGER, Judge.

This is an appeal from a final summary judgment entered in favor of A.D.K. Properties ("South Port Square") against appellants, the Anna K. Read Trust ("the Trust") and Ralph DeSimone as heir to Anna K. Read and successor trustee of the Trust. Because we find that South Port Square failed to obtain an enforceable claim, we reverse.

South Port Square is an independent living and licensed healthcare facility providing assisted living and skilled...

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