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DK ARENA, INC. v. EB ACQUISITIONS I, LLC

No. 4D09-5.

31 So.3d 313 (2010)

DK ARENA, INC., a Delaware corporation, and Don King, an individual, Appellants, v. EB ACQUISITIONS I, LLC, a Florida limited liability company, Appellee.

District Court of Appeal of Florida, Fourth District.

April 7, 2010.

Attorney(s) appearing for the Case

Alvin B. Davis, Tania Cruz, and Jeffrey Grossfeld of Squire, Sanders & Dempsey L.L.P., Miami, for appellants.

Daniel L. Wallach, Kevin Markow, Gary C. Rosen, and Lawrence S. Bassuk of Becker & Poliakoff, P.A., Fort Lauderdale, for appellee.

GROSS, C.J.

Appellant DK Arena, Inc., owned real property known as Mangonia Park Jai Alai Fronton ("arena property"). Appellee EB Acquisitions I, LLC, contracted with DK Arena to purchase the property for development. DK Arena sued EB for breach of contract, seeking to retain a $1,000,000 deposit. EB filed an answer and counterclaim attacking the real estate contract on various grounds and asserting the breach of an oral joint venture agreement that arose from the...

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