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DUCK DOG, L.C. v. BROWNSTAR PROPERTIES, LLC

No. 2D07-1834.

990 So.2d 525 (2008)

DUCK DOG, L.C. and Harrison, Hendrickson & Kirkland, P.A., Appellants, v. BROWNSTAR PROPERTIES, LLC, Appellee.

District Court of Appeal of Florida, Second District.

February 15, 2008.

Attorney(s) appearing for the Case

Monterey Campbell and Kristie Hatcher-Bolin of GrayRobinson, P.A., Lakeland, and John P. Harllee, III of Harllee & Bald, P.A., Bradenton, for Appellant Duck Dog, L.C.

No Appearance for Appellant, Harrison, Hendrickson & Kirkland, P.A.

Marion Hale of Johnson, Pope, Bokor, Ruppel & Burns, LLP, Clearwater, for Appellee.

CASANUEVA, Judge.

Duck Dog, L.C. appeals a final summary judgment entered in favor of Brownstar Properties, LLC based on the trial court's conclusion that the contract between the parties was unambiguous and that Duck Dog's refusal to close on the sale breached the contract. Consequently, the trial court ordered that Duck Dog forfeit its contractual deposit of $175,000. We reverse.

FACTS

Brownstar owned real property that formed part of the Heritage...

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