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CALLAWAY LAND & CATTLE CO., INC. v. BANYON LAKES C. CORP.

No. 4D01-2032.

831 So.2d 204 (2002)

CALLAWAY LAND & CATTLE CO., INC., a Florida corporation, and Callaway Land & Cattle Co. Limited Partnership, a Florida limited partnership, Appellants, v. BANYON LAKES C. CORP., a Florida corporation; John Nierlich; Richard Puzzitiello, Sr.; William C. Wingfield, individually; Reserve Homes, Ltd., L.P., a Delaware limited partnership, by and through its general partner, Kolter Property Development, L.L.C., a Delaware limited liability company; and POD 31 Homes, Inc., a Delaware corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

Concurring Opinion on Denial of Rehearing December 4, 2002.

Attorney(s) appearing for the Case

Alan S. Polackwich, Sr. of Clem, Polackwich, Vocelle & Berg, L.L.P., Vero Beach, for appellants.

Ivan J. Reich and Joann Nesta Burnett of Becker & Poliakoff, P.A., Fort Lauderdale, for Appellees Banyon Lakes C. Corp., John Nierlich, and Richard Puzzitiello, Sr.

STONE, J.

Callaway Land & Cattle Co., Inc. (Callaway) appeals the dismissal of its counterclaim where the trial court found the disparagement of title claim to be permissive and, thus, barred by the statute of limitations. The trial court also dismissed claims for tortious interference with a contractual relationship and abuse of process because they were based on the same facts and circumstances as the disparagement of title claim. We affirm.

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