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LAUREN KYLE HOLDINGS, INC. v. HEATH-PETERSON CONSTR. CORP.

Nos. 5D02-3358, 5D03-980.

864 So.2d 55 (2003)

LAUREN KYLE HOLDINGS, INC., d/b/a Sago Homes, Appellant, v. HEATH-PETERSON CONSTRUCTION CORP., etc., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 28, 2004.

Attorney(s) appearing for the Case

Eric S. Mashburn, Winter Garden, for Appellant, Lauren Kyle Holdings, Inc., d/b/a Sago Homes.

James S. Toscano and Rachel D. Gebaide, of Lowndes, Drosdick, Doster, Kantor & Reed, P.A., Orlando, for Appellee.

TORPY, J.

This is a contract dispute concerning the sale of real property for development. Appellant challenges the entry of summary judgment against it resulting from the trial court's conclusion that Appellant breached a contract by assigning its contractual rights, contrary to an express prohibition against assignment without consent. We conclude that Appellant did not "assign" the contract and accordingly reverse the summary judgment against Appellant.

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