BERG v. CAPO

Nos. 3D05-2004, 3D05-1354.

994 So.2d 322 (2007)

Donald L. BERG, etc., Appellant, v. Julio C. CAPO, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing En Banc Denied November 6, 2008.


Attorney(s) appearing for the Case

Jorden Burt and Jeffrey B. Crockett; Lauri Waldman Ross, Miami, for appellant.

Holland & Knight and Rodolfo Sorondo, Jr., and Christopher N. Bellows, Miami, for appellee.

Before WELLS, SHEPHERD, and ROTHENBERG, JJ.


WELLS, Judge.

Donald L. Berg appeals from summary judgments granted in Julio Capo's favor on claims sounding in breach of fiduciary duty, fraud, declaratory judgment, securities fraud, and rescission relating to a stock purchase agreement executed by the parties on January 21, 1999.1 Because that agreement contains both an integration clause and a clause mutually releasing Berg and Julio Capo "from any and all claims, demands, charges...

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