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SPECIALIZED MACHINERY TRANSPORT, INC. v. WESTPHAL

No. 5D03-1707.

872 So.2d 424 (2004)

SPECIALIZED MACHINERY TRANSPORT, INC., Appellant/Cross-Appellee, v. Henry H. WESTPHAL, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

May 7, 2004.

Attorney(s) appearing for the Case

Rexford H. Stephens and Stacey L. Cole of Akerman Senterfitt, Orlando, for Appellant/Cross-Appellee.

Mark O. Cooper of O'Neill, Liebman & Cooper, P.A., Orlando, for Appellee/Cross-Appellant.

PETERSON, J.

Specialized Machinery Transport, Inc., ("Specialized"), appeals a final summary judgment entered in favor of Henry H. Westphal who sought the final payment under a contract for the sale of his business to Specialized. We reverse.

Westphal sold certain assets of his trucking and specialized transport business to Specialized including all licenses, permits and authorities to operate the assets and business. The sale also included the goodwill of...

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