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WILLIAMS v. HERITAGE OPERATING, L.P.

No. 2D08-6230.

23 So.3d 806 (2009)

Alfred L. WILLIAMS, II, on behalf of himself and all others similarly situated, Appellant, v. HERITAGE OPERATING, L.P., d/b/a Heritage Propane, a Delaware Limited Partnership, as successor in interest to Peoples Gas Company, Appellee.

District Court of Appeal of Florida, Second District.

December 2, 2009.

Attorney(s) appearing for the Case

Jeffrey M. Liggio of Liggio & Benrubi, P.A., West Palm Beach, Scott Johni of Scott Johni, P.A., Tampa, and Bard D. Rockenbach and Nichole J. Segal of Burlington & Rockenbach, P.A., West Palm Beach, for Appellant.

R. Charles Wilkin, III, of Glass Wilkin, Tulsa, Oklahoma, and Alexander V. Ray of Lau, Lane, Pieper, Conley & McCreadie, P.A., Tampa, for Appellee.

WHATLEY, Judge.

Alfred L. Williams, II, appeals the final summary judgment entered in favor of Heritage Operating, L.P., d/b/a Heritage Propane in his action for breach of contract. We reverse.

In 1996, Williams entered into a contract with Peoples Gas, Heritage's predecessor, to purchase LP gas. The contract entailed the installation of a tank in Williams' yard for the storage of the gas. In March 2005, Williams received, for the first time, an invoice for...

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