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CABO RICO YACHTS, INC. v. MARTINACHE

No. 4D08-2900.

21 So.3d 131 (2009)

CABO RICO YACHTS, INC., a Florida corporation, Appellant, v. Guy MARTINACHE, Fraser Smith, and Edith Smith, Appellees.

District Court of Appeal of Florida, Fourth District.

November 4, 2009.

Attorney(s) appearing for the Case

Jack J. Aiello and Rebecca Cavendish of Gunster, Yoakley & Stewart, P.A., West Palm Beach, (withdrawn as counsel after filing brief), and McLuskey & McDonald, P.A., Miami, for appellant.

Andre A. Gibson of Andre Gibson, Chartered, North Miami Beach, for Appellee-Guy Martinache.

PER CURIAM.

Plaintiff, Guy Martinache, sued defendant, Cabo Rico Yachts, Inc., after it failed to return a deposit plaintiff paid for construction of a boat that was never delivered to plaintiff. Defendant appeals the trial court's entry of summary judgment in favor of plaintiff on plaintiff's breach of contract and fraud claims. We affirm summary judgment on the breach of contract claim. However, we reverse summary judgment on the fraud claim, as plaintiff's motion...

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