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MARBELLA PARK HOMEOWNERS v. MY LAWN SERVICE

No. 3D07-3278.

12 So.3d 807 (2009)

MARBELLA PARK HOMEOWNERS ASSOCIATION, INC., Appellant, v. MY LAWN SERVICE, INC., Appellee.

District Court of Appeal of Florida, Third District.

May 13, 2009.

Attorney(s) appearing for the Case

Mager & Mager, LLC, Scott A. Mager, and S. Antonio Jimenez, Ft. Lauderdale, for appellant.

Fein & Meloni, Edo Meloni, Steven A. Fein, and Shelley J. Murray, Plantation, for appellee.

Before GERSTEN, C.J., and CORTIÑAS and SALTER, JJ.

GERSTEN, C.J.

Marbella Park Homeowners' Association, Inc. ("Marbella Park") appeals a final summary judgment entered in favor of My Lawn Service, Inc. ("My Lawn") in a breach of contract action. We reverse, and remand for an evidentiary hearing on damages.

Marbella Park contracted with My Lawn for yearly landscape maintenance for five years. The contract provided for services twenty-eight times per year, at a cost of $2,750.00 per visit. Marbella Park was...

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