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MILLENNIUM GROUP I, L.L.C. v. ATTORNEYS TITLE INS. FUND, INC.

No. 1D02-0631.

847 So.2d 1115 (2003)

MILLENNIUM GROUP I, L.L.C. and the Dock at Pensacola, Inc., Appellant, v. ATTORNEYS TITLE INSURANCE FUND, INC. and Dewitt DeWeese, Jr., Appellee.

District Court of Appeal of Florida, First District.

June 19, 2003.

Attorney(s) appearing for the Case

Lisa Minshew, Pensacola; and Connie Montgomery, Kenner, Louisiana, for appellant.

Bruce A. McDonald, of McDonald, Fleming, Moorhead, Ferguson, Green & Smith, LLP, Pensacola, for appellee.

WOLF, J.

We review an order granting summary judgment in favor of Dewitt DeWeese, Jr. as to a counterclaim which he filed and the partial final judgment allowing execution to issue against appellants. The dispute between the parties arises out of the sale of The Dock at Pensacola, Inc. ("The Dock"). Because we find that there are genuine issues of material fact relating to the affirmative defenses to the counterclaim, and that the trial court erred as a matter of...

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