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SUNEX INTERN. INC. v. COLSON

No. 4D06-3692.

964 So.2d 780 (2007)

SUNEX INTERNATIONAL INC., Appellant, v. Edward COLSON d/b/a Blue Water Developers a/k/a Blue Water Builders, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 17, 2007.

Attorney(s) appearing for the Case

Howard J. Hochman, Miami, for appellant.

Jennifer M. Spiegel Colson, Lighthouse Point, for appellee.

MAY, J.

The difference between a sham and a mistake is at issue in this appeal. The seller of building materials appeals an order striking its amended complaint as a sham pleading. It argues the trial court erred in confusing its accounting mistakes in calculating the amounts owed as a sham. We agree and reverse.

On August 30, 2004, the seller sued the buyer1 for unpaid invoices, plus service charges in the amount of $21,490.37...

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