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VISIBLE DIFFERENCE, INC. v. VELVET SWING, L.L.C.

No. 4D02-2230.

862 So.2d 753 (2003)

VISIBLE DIFFERENCE, INC., Appellant, v. The VELVET SWING, L.L.C., a Florida limited liability company, and Thomas G. Bongard, Appellees.

District Court of Appeal of Florida, Fourth District.

October 29, 2003.

Attorney(s) appearing for the Case

Philip J. Gouze of Philip J. Gouze, P.A., Fort Lauderdale, for appellant.

Jeffrey L. Kravetz, P.A., Coral Gables, John W. Little, III, P.A., and Shannon L. Bothwell of Steel Hector & Davis LLP, West Palm Beach, for appellee The Velvet Swing, L.L.C.

POLEN, J.

This appeal arises from the trial court's dismissal of appellant's complaint with prejudice. That ruling was erroneous, and we reverse that order for further proceedings.

Visible Difference and Velvet Swing entered into an Asset Purchase Agreement whereby Visible Difference was to purchase the assets of Velvet Swing. The agreement provided that the transaction would close on or before October 31, 2001 provided all contingencies and provisions of...

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