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BERDICK v. COSTILLA

No. 2D12-140.

97 So.3d 316 (2012)

Kenneth A. BERDICK and Kostas, Inc., d/b/a Olive Tree, formerly a Florida for profit corporation, Appellants, v. Gabe COSTILLA; Anthony F. Pupo; Carmine Street NY Pizza & Mussels, a Florida limited liability company; Maria Longo; and Constantine Angeles, Appellees.

District Court of Appeal of Florida, Second District.

September 14, 2012.

Attorney(s) appearing for the Case

Edward J. Maciak , P. Michael Villalobos , and James A. Crawford, II , of P. Michael Villalobos & Associates, LLC, Fort Myers, for Appellants.

Burt H. Stutchin of Harris & Stutchin, PLC, Fort Myers, for Appellee Gabe Costilla.

No appearance for remaining Appellees.

MORRIS, Judge.

Appellants Kostas, Inc., and Kenneth Berdick appeal a final judgment dismissing with prejudice their complaint against Gabe Costilla. We reverse and remand for further proceedings.

The complaint filed by appellants alleges that Gabe Costilla is the owner and landlord of commercial property he leased to Maria Longo through her power of attorney, Constantine Angeles. Longo leased the property for five years for the purpose of opening a restaurant...

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