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SOUTHERN WASTE SYSTEMS, LLC v. J & A TRANSFER, INC.

No. 4D03-2202.

879 So.2d 86 (2004)

SOUTHERN WASTE SYSTEMS, LLC, a Florida limited liability company; Southern Waste Systems, Ltd., a Florida limited liability partnership; and Anthony Lomangino, Appellants, v. J & A TRANSFER, INC., a Florida corporation; J & A Recycling, Inc.; a dissolved Florida corporation; Riteway Recycling, Inc., a Florida corporation; NU-Way Recycling Corp., a Florida corporation; Magic Site Services, Inc., a Florida corporation; John Porter; and Anthony Masiello, Appellees.

District Court of Appeal of Florida, Fourth District.

August 4, 2004.

Attorney(s) appearing for the Case

Lawrence E. Brownstein of Lawrence E. Brownstein, P.A., West Palm Beach, and Steven M. Goldsmith of Steven M. Goldsmith, P.A., Boca Raton, for appellants.

Richard J. DeSanto, Fort Lauderdale, for Appellees-John Porter & Anthony Masiello.

ON MOTION FOR REHEARING

PER CURIAM.

We deny the motion for rehearing, but withdraw our opinion dated June 2, 2004, and substitute the following opinion in its place.

We affirm a final summary judgment in favor of J & A in this action to foreclose a mortgage. The mortgage arose out of a contract between the parties for Southern Waste's purchase of assets owned by J & A, including various businesses...

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