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BARRINGTON v. GRYPHON INVESTMENTS, INC.

No. 2D08-5234.

32 So.3d 668 (2010)

Dianne BARRINGTON and Joshua S. Unger, Appellants, v. GRYPHON INVESTMENTS, INC., d/b/a Re/Max Excellence, Appellee.

District Court of Appeal of Florida, Second District.

March 12, 2010.

Attorney(s) appearing for the Case

Nancy E. Cason and Scott Westheimer of Syprett, Meshad, Resnick, Lieb, Dumbaugh, Jones, Krotec & Westheimer, P.A., Sarasota, for Appellants.

Sherri L. Johnson of Dent & Johnson, Chartered, Sarasota, for Appellee.

MORRIS, Judge.

Dianne Barrington and Joshua S. Unger (the Agents) appeal a final summary judgment entered in favor of Gryphon Investments, Inc., d/b/a Re/Max Excellence (Re/Max). We reverse and remand for further proceedings.

In October 2007, the Agents filed a complaint against Re/Max for declaratory relief and breach of contract.1 The complaint alleged that the Agents each signed an...

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