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MATUSICK v. DiSALVO

No. 4D10-1127.

82 So.3d 1045 (2011)

Mark A. MATUSICK and BP & G of West Palm Beach, LLC, Appellants, v. Patrick J. DiSALVO, PB Plaza, LLC, Phoenix Realty Advisors, Inc., Peter J. Crane, Cohen Commercial Realty, Inc., Bryan Stanley Cohen, Jonathan D. Moss, Appellees.

District Court of Appeal of Florida, Fourth District.

September 14, 2011.

Attorney(s) appearing for the Case

D. Bruce Kratz of Jeck, Harris, Raynor & Jones, P.A., Juno Beach, for appellants.

John P. Joy and Sara M. Sandler of Walton Lantaff Schroeder & Carson LLP, Fort Lauderdale, for appellees Peter J. Crane, Cohen Commercial Realty and Bryan Stanley Cohen.

Michael Cristoforo and Joseph Bilotta of Vassallo, Bilotta, Friedman & Davis, West Palm Beach, for appellees Patrick J. DiSalvo, PB Plaza, LLC, Phoenix Realty Advisors, Inc. and Jonathan D. Moss.

WARNER, J.

The trial court dismissed appellants' complaint for breach of contract, fraudulent and/or negligent misrepresentation, and declaratory judgment in connection with the lease of real estate. We affirm the dismissal of appellants' complaint for breach of contract, fraud, and negligent misrepresentation, because the allegations of the complaint show on their face that appellants waived the fraud and breach of contract...

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