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RYAN v. AMERICAN MARINE HOLDINGS, INC.

No. 4D07-4899.

989 So.2d 730 (2008)

Shawn RYAN, Appellant, v. AMERICAN MARINE HOLDINGS, INC., a Foreign Corporation, and Aqua Toy Store, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

September 3, 2008.

Attorney(s) appearing for the Case

Stephen L. Zimmerman of Zimmerman, Zimmerman & Miceli, P.A., Pompano Beach, for appellant.

Daniel C. Guarnieri and F. Steven Herb of Nelson Hesse, LLP, Sarasota, for appellee American Marine Holdings, Inc.

STEVENSON, J.

Shawn Ryan, the plaintiff below, appeals the trial court's dismissal of his breach of warranty claim against the defendant, American Marine Holdings, Inc. ("AMH"). The trial court dismissed the claim against AMH, finding that AMH is the same entity as Donzi Marine, LLC, and that Ryan must raise that claim as a compulsory counterclaim in the pending case, Donzi Marine, LLC v. Shawn Ryan, filed by Donzi in Sarasota County. As the facts in the present...

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