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PEACH STATE ROOFING, INC. v. 2224 SOUTH TRAIL CORP.

Nos. 2D07-278, 2D07-1077.

3 So.3d 442 (2009)

PEACH STATE ROOFING, INC., a Georgia corporation, Appellant/Cross-Appellee, v. 2224 SOUTH TRAIL CORP., a Florida corporation, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Second District.

March 6, 2009.

Attorney(s) appearing for the Case

Eric E. Ludin of Tucker & Ludin, P.A., Clearwater, and Betsy E. Gallagher and G. William Bissett of Kubicki Draper, Tampa, for Appellant/Cross-Appellee.

Adam Mohammadbhoy of Harllee & Bald, P.A., Bradenton, for Appellee/Cross-Appellant.

LOGAN, WALT, Associate Judge.

Peach State Roofing, Inc. (Peach State), appeals a final judgment awarding damages to 2224 Trail Corp. (Trail) on its claim for breach of contract. We hold that the trial court improperly found an implied term in a contract which by its terms was clear and unambiguous and that there was a failure to prove damages as of the date of the breach. We therefore reverse the final judgment in its entirety...

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