BRT HOLDINGS v. FIFTH GENERATION SYSTEMS

No. 4D09-3738.

59 So.3d 339 (2011)

BRT HOLDINGS, INC., a Delaware Corporation, Appellant, v. FIFTH GENERATION SYSTEMS, INC., a Delaware corporation qualified to do and doing business in the State of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 27, 2011.


Attorney(s) appearing for the Case

Keith T. Grumer and Maidenly Macaluso of Grumer & Macaluso, P.A., Fort Lauderdale, for appellant.

Richard F. Hussey of Richard F. Hussey, P.A., Fort Lauderdale, for appellee.


PER CURIAM.

BRT Holdings, Inc./plaintiff appeals from a final summary judgment in favor of defendant, Fifth Generation Systems, Inc., involving an asset purchase agreement. It claims that the court erred in interpreting the agreement between the parties as to the liabilities assumed by Fifth Generation. However, we find that the agreement did not provide for the assumption of the liabilities BRT claims were covered. We therefore affirm.

WARNER, POLEN and STEVENSON...

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