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LAND MANAGEMENT OF FLORIDA, INC. v. HPI

Nos. 2D05-131, 2D05-1882, 2D06-3620.

974 So.2d 532 (2008)

LAND MANAGEMENT OF FLORIDA, INC., a Florida corporation, and Cross Country Land Trust, Inc., a Florida corporation, Appellants, v. HILTON PINE ISLAND LTD., a Florida Limited Partnership, Barakot Ltd., Geoffrey Bell, Individually, John H.C. Lee, as Ancillary Trustee In Bankruptcy of Ian Geoffrey Bell and Barakot Ltd., and Robert Lindahl, as Trustee of the FBL Land Trust, Appellees. Land Management of Florida, Inc, a Florida corporation, Appellant, v. Hilton Pine Island Ltd., a Florida Limited Partnership, Barakot Ltd., Geoffrey Bell, Individually, John H.C. Lee, as Ancillary Trustee in Bankruptcy of Ian Geoffrey Bell and Barakot Ltd., Robert Lindahl, as Trustee of the FBL Land Trust, and Cross Country Land Trust, Inc., a Florida corporation, Appellees.

District Court of Appeal of Florida, Second District.

February 8, 2008.

Attorney(s) appearing for the Case

W. Gus Belcher, II of Nuckolls, Johnson, Belcher & Ferrante, P.A., Fort Myers, and Stanley Jay Bartel of Law Offices of Stanley Jay Bartel, The Villages, for Appellants.

J. Matthew Belcastro of Henderson, Franklin, Starnes & Holt, Fort Myers, for Appellee John H.C. Lee.

No appearance for remaining Appellees.

SILBERMAN, Judge.

In case number 2D05-131, Appellants Land Management of Florida, Inc., and Cross Country Land, Trust, Inc. (jointly referred to as the buyers), challenge an amended partial summary judgment that disposes of their specific performance action as to Appellee John H.C. Lee, as Ancillary Trustee in Bankruptcy of Ian Geoffrey Bell and Barakot Ltd. The buyers raise several issues, but dispositive of this case is that Lee, as movant, failed to prove the nonexistence...

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