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ORDZIEJESKI v. FREUDENBERG

No. 4D06-804.

946 So.2d 599 (2006)

Frank ORDZIEJESKI, Appellant, v. David FREUDENBERG, Village Pointe Realty, L.L.C., d/b/a Weichart Realtors—Village Point and Gemma Sicolo, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 7, 2007.

Attorney(s) appearing for the Case

Michael C. Klasfeld, Pompano Beach, for appellant.

H. Michael Muniz and Scott J. Topolski of Buckingham, Doolittle & Burroughs, LLP, Boca Raton, for appellees Village Pointe Realtors and Gemma Sicolo.

Daniel M. Landis of Landis & Mallinger, P.L., Boca Raton, for appellees David Freudenberg and Patricia Freudenberg.

KLEIN, J.

Ordziejeski entered into a contract to sell Freudenberg a piece of real estate. When Ordziejeski, the seller, refused to close, Freudenberg, the buyer, sued for specific performance. The seller then filed a counterclaim against the buyer for fraud and also filed a third party complaint against the realtors Sicolo and Village Point, alleging fraud. The trial court dismissed the seller's counterclaim against the buyer for failure to state a cause of action...

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