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INVO FLORIDA, INC. v. SOMERSET VENTURER, INC.

Nos. 3D01-3056, 3D02-1016.

847 So.2d 990 (2003)

INVO FLORIDA, INC., a Florida Corporation, Appellant, v. SOMERSET VENTURER, INC.; C & L Somerset Lakes, Inc., et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing, Rehearing and Certification of Conflict Denied June 11, 2003.

Attorney(s) appearing for the Case

Hoffman & Hertzig and Carl H. Hoffman, Coral Gables, for appellant.

Goldstein, Tanen Elizabeth K. Russo, Miami; Yelen & Yelen and Jan A. Yelen, Coral Gables, for appellees.

Before SCHWARTZ, C.J., and LEVY and GREEN, JJ.

Rehearing, Rehearing En Banc and Certification of Conflict Denied June 11, 2003.

Prior report: 751 So.2d 1263.

PER CURIAM.

Affirmed.

LEVY and GREEN, JJ., concur.

SCHWARTZ, Chief Judge (dissenting).

I do not agree that the movants-defendants satisfied their burden of conclusively demonstrating the absence of a genuine issue concerning the dispositive...

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