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PNC BANK v. PROGRESSIVE EMPLOYER SERVS.

No. 4D09-1720.

55 So.3d 655 (2011)

PNC BANK, N.A., Appellant, v. PROGRESSIVE EMPLOYER SERVICES II, a Florida Limited Liability Company; Progressive Employer Services III, a Florida Limited Liability Company; Progressive Employer Services IV, a Florida Limited Liability Company; Progressive Employer Services V, a Florida Limited Liability Company; Progressive Employer Services VI, a Florida Limited Liability Company; Progressive Employer Services VII, a Florida Limited Liability Company; Progressive Employer Services, a Florida Limited Liability Company; and West Wind Holding Company, LLC, a Florida Limited Liability Company, Appellees.

District Court of Appeal of Florida, Fourth District.

February 16, 2011.

Attorney(s) appearing for the Case

Don A. Lynn and Stephen T. Maher of Shutts & Bowen, LLP, Miami, for appellant.

Roger Slade and Adam J. Shapiro of Pathman Lewis, LLP, Miami, for appellees.

CIKLIN, J.

PNC Bank, N.A. appeals the trial court's final order granting summary judgment in favor of Progressive Employer Services, LLC, et al. (collectively referred to as "the borrowers") on the borrowers' claim that PNC Bank breached the credit agreement entered into between the parties. We reverse as PNC Bank did not breach the credit agreement since the borrowers could only early terminate the fixed two-year agreement upon ninety days' advance notice which the...

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