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PRINCETON HOMES, INC. v. VIRONE

No. 09-15089.

612 F.3d 1324 (2010)

PRINCETON HOMES, INC., a Florida corporation, Plaintiff-Appellant-Counter Defendant, v. Joseph A. VIRONE, Mary Ann Virone, as Husband and Wife, Defendants-Appellees-Counter Claimants.

United States Court of Appeals, Eleventh Circuit.

July 30, 2010.

Attorney(s) appearing for the Case

Lorin Louis Mrachek, Alan B. Rose, Page, Mrachek, Fitzgerald & Rose, P.A., West Palm Beach, FL, for Plaintiff-Appellant-Counter Defendant.

Owen Schultz, McCarthy Summers Bobko Wood & Sawyer, P.A., Stuart, FL, for Defendants-Appellees Counter Claimants.

Before BLACK, WILSON and COX, Circuit Judges.

WILSON, Circuit Judge:

Princeton Homes, Inc. ("Princeton"), the seller of a pre-construction town home at the Townhomes at St. Andrews Park Phase I, a community in Port St. Lucie, Florida, appeals the district court's grant of summary judgment to Joseph A. Virone and Mary Ann Virone (the "Virones"), the buyers who permanently reside in New Jersey. The district court granted the Virones' motions for summary judgment substantially for the reason that the Virones did...

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