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DEVELOPERS OF SOLAMAR, LLC v. WEINHAUER

No. 2D08-4193.

18 So.3d 13 (2009)

DEVELOPERS OF SOLAMAR, LLC, a Florida limited liability company, Appellant, v. Gary WEINHAUER and Ronald F. Gudac, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 29, 2009.

Attorney(s) appearing for the Case

W. Cort Frohlich and Brian M. Beason of Wilkins Frohlich, P.A., Port Charlotte, for Appellant.

Andrew I. Solis and David T. Lupo of Cohen & Grigsby, P.C., Naples, for Appellee Gary Weinhauer.

No appearance for Appellee Ronald F. Gudac.

DAVIS, Judge.

Developers of Solamar, LLC (Solamar), challenges the trial court's final summary judgment in favor of Gary Weinhauer, the purchaser, in an action for rescission of a contract for the purchase of a condominium.1 Concluding that, as a matter of law, the contract lacked "mutuality of obligations and mutuality of remedies," the trial court entered summary judgment granting Weinhauer the rescission. We reverse.

As a real...

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