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VITERRA ENERGY SERV., INC. v. GATEWAY GP SAWGRASS MILLS, INC.

No. 4D02-4256.

858 So.2d 1208 (2003)

VITERRA ENERGY SERVICES, INC., Appellant, v. GATEWAY GP SAWGRASS MILLS, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

November 12, 2003.

Attorney(s) appearing for the Case

Peter H. Levitt and Omar Ortega of Adorno & Yoss, P.A., Miami, for appellant.

Gustavo J. Lamelas of Gustavo J. Lamelas, P.A., Miami, for appellee.

POLEN, J.

This appeal arises from a final judgment against Viterra, following a jury trial. The dispute involves a breach of contract action in which Gateway, the owner of a 400-unit apartment project, alleged that Viterra installed a water sub-metering system which did not function properly resulting in the under-billing of residents for their water use. The underlying contract was documented, at least in part, by two separate Purchase Order Agreements, which pertain...

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