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MAGNUM CAPITAL, LLC v. CARTER & ASSOCIATES

No. 1D03-5267.

905 So.2d 220 (2005)

MAGNUM CAPITAL, LLC, Appellant, v. CARTER & ASSOCIATES, LLC; Southern Boulevard Corporation; Bay Point Marina Company; Bay Point Leisure Properties; W.F. Spann & Co., Inc., Bay Pointe Limited, LLC; Cape Holdings, Inc.; HBB Company; Grand Lagoon Café, LLC; B.P. Commercial Limited Partnership and B.P. Tango, Inc., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied July 5, 2005.

Attorney(s) appearing for the Case

Claire A. Duchemin, of Claire A. Duchemin, P.A., Tallahassee, for Appellant.

William W. Deem and Bryan S. Gowdy, of McGuire Woods, LLP, Jacksonville, Attorney for Appellee Southern Boulevard Corporation; Clifford C. Higby and Tiffany A. Brown, of Bryant & Higby, Chartered, Panama City, Attorney for Appellees Bay Point Marina Company, Bay Point Leisure Properties, W.F. Spann & Co., Inc., Bay Point Limited, LLC, HBB Company, and Grand Lagoon Café; Timothy H. Crutchfield, of Timothy H. Crutchfield, P.A., Miami, Attorney for Appellees Cape Holdings, Inc., B.P. Commercial Limited Partnership, and B.P. Tango, Inc.; George N. Meros, Jr., and Carlos G. Muniz, of Gray Robinson, P.A., Tallahassee, Attorney for Appellee Carter & Associates, LLC.

BROWNING, J.

Appellant seeks reversal of the trial court's order dismissing its three-count Second Amended Complaint for failure to state a cause of action, with prejudice. The Second Amended Complaint comprised counts based on fraud and misrepresentation (Count One), negligent misrepresentation (Count Two), and breach of contract (Count Three). We affirm the dismissal of Counts One and Two without additional comment, but reverse the dismissal of the contract count...

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