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HAYIM REAL ESTATE v. ACTION WATERCRAFT

No. 3D08-3132.

15 So.3d 724 (2009)

HAYIM REAL ESTATE HOLDINGS, LLC., Appellant, v. ACTION WATERCRAFT INTERNATIONAL INC., Mooney Investments, Ltd., and Howard F. Mooney, Appellees.

District Court of Appeal of Florida, Third District.

July 15, 2009.

Attorney(s) appearing for the Case

Ehrenstein Charbonneau Calderin, and Edward Welch, and Michael D. Ehrenstein, for appellant.

Robinson & Associates, and Raymond L. Robinson, and Douglas C. Hiller, for appellees.

Before RAMIREZ, C.J., and COPE, and SUAREZ, JJ.

RAMIREZ, C.J.

Plaintiff Hayim Real Estate Holdings, LLC, appeals the trial court's final order granting the defendants' Motion for Final Summary Judgment. Because we conclude that there are unresolved genuine issues of material fact, we reverse and remand for further proceedings consistent with this opinion.

I. Factual Background

On April 3, 2004, Hayim, as purchaser, and defendant H. Moony Investments, Ltd. ("HMI"), as seller...

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