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BACARDI U.S.A., INC. v. GALLO WINE DISTRIBUTORS, LLC

No. 3D02-1699.

829 So.2d 963 (2002)

BACARDI U.S.A., INC. and MHW, Ltd., Appellants, v. GALLO WINE DISTRIBUTORS, LLC d/b/a Premier Wines & Spirits, Inc., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 20, 2002.

Attorney(s) appearing for the Case

Hunton & Williams and Marty Steinberg and Thomas R. Julin, Miami; Holland & Knight and Daniel S. Pearson, Miami, for Bacardi U.S.A., Inc.; Zuckerman Spaeder and Daniel S. Gelber and Walter J. Tache, Miami, for MHW, Ltd.

Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin and Joel S. Perwin, Miami; Jenner & Block and Chester T. Kamin and Terri L. Mascherin and Eric A. Sacks (Chicago), for Gallo Wine Distributors d/b/a Premier Wines & Spirits, Inc.

Before SCHWARTZ, C.J., and RAMIREZ, J., and NESBITT, Senior Judge.

SCHWARTZ, Chief Judge.

This is an appeal from a temporary injunction which mandatorily enforced an alleged oral agreement concerning the New York State rights to distribute certain brands of liquor manufactured by the appellant Bacardi. Assuming the dubious proposition that the finding below that the purported contract even existed may be upheld, we conclude as a matter of law that the "agreement" was (a) so indefinite in its terms as to be legally unenforceable,...

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