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TIMBER. CON. PART. v. ANDREWS LAND & TIMBER, INC.

No. 5D00-2712.

818 So.2d 609 (2002)

TIMBERLAND CONSOLIDATED PARTNERSHIP, et al., Appellant, v. ANDREWS LAND AND TIMBER, INC., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 20, 2002.

Attorney(s) appearing for the Case

Sharon Lee Stedman of Sharon Lee Stedman, P.A., Orlando, for Appellant.

Jeffrey R. Dollinger and John F. Roscow, IV, of Scruggs & Carmichael, P.A., Gainesville, for Appellee.

THOMPSON, C.J.

Timberlands Consolidated Partnership ("seller") appeals a final judgment in a contract dispute. We affirm, writing only to address the restitution issue.

The seller entered an agreement to sell the "merchantable" timber on its land to Andrews Land and Timber, Inc. ("buyer"). The term of the contract was 18 months. Under the contract, the buyer was to pay the seller weekly as the timber was harvested. The amount paid by the buyer would depend...

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