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O'NEAL v. BLACKERBY

Nos. 1D06-2524, 1D06-2465.

950 So.2d 424 (2006)

Alan M. O'NEAL; A & J Holdings, LLC; William H. Smith; and South Walton Properties, LLC, Appellants, v. Robert E. BLACKERBY; Florida Bahama Group, LLC; Robert Blackerby & Associates, LLC; BAB Developers, LLC; BAB Developers I, LLC; BAB Developers II, LLC; BAB Developers III, LLC; BAB Developers IV, LLC; BAB Developers V, LLC; BAB Developers VI, LLC; BAB Developers VII, LLC; BAB I, LLC; and BAB II, LLC, Appellees. William H. Smith and South Walton Properties, LLC, Appellants, v. Robert E. Blackerby; Florida Bahama Group, LLC; Robert Blackerby & Associates, LLC; Alan M. O'Neal; A & J Holdings, LLC; BAB Developers, LLC; BAB Developers I, LLC; BAB Developers II, LLC; BAB Developers III, LLC; BAB Developers IV, LLC; BAB Developers V, LLC; BAB Developers VI, LLC; BAB Developers VII, LLC; BAB I, LLC; and BAB II, LLC, Appellees.

District Court of Appeal of Florida, First District.

December 21, 2006.

Attorney(s) appearing for the Case

Major B. Harding and John R. Beranek of Ausley & McMullen, Tallahassee; and J. Nixon Daniel, III, Mary Jane Bass, and Terrie L. Didier of Beggs & Lane, RLLP, Pensacola, for Appellants Alan M. O'Neal and A & J Holdings, LLC.

Elliott H. Scherker, Elliott B. Kula and Daniel M. Samson of Greenberg Traurig, Tallahassee; Barry Richard of Greenberg Traurig, Miami; and Jannea S. Rogers and Bradley R. Byrne of Adams and Reese, LLP, Mobile, AL, for Appellants William H. Smith and South Walton Properties, LLC.

Jeffrey P. Whitton, Panama City; W. Dexter Douglass and Thomas Porter Crapps, Tallahassee; Philip A. Bates, Pensacola; and Martha Blackmon-Milligan, Panama City, for Appellees Robert E. Blackerby, Florida Bahama Group, LLC, and Robert Blackerby & Associates, LLC.

ALLEN, J.

Parties in these appeals, which we hereby consolidate for purposes of rendering our decision, are members of a Florida Limited Liability Company known as BAB Developers, LLC ("the company"). The appellants challenge a nonfinal order entering partial summary final judgment and directing the immediate disbursement of proceeds from the sale of real property owned by the company. The appellants argue that the trial court erred by concluding, as a matter of law...

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