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APEX CAPITAL LP v. CARNIVAL CORP.

No. 3D12-1869.

123 So.3d 94 (2013)

APEX CAPITAL LP, assignee of Dash Logistics, Inc., Appellant, v. CARNIVAL CORPORATION, a Panama Corp., t/a Carnival Cruise Lines, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 29, 2013.

Attorney(s) appearing for the Case

Lawrence J. Roberts & Associates and David W. Smith , Coral Gables, for appellant.

Foreman Friedman and Jeffrey E. Foreman , and Beverly D. Eisenstadt , Miami, for appellee.

Before SHEPHERD, C.J., and WELLS and SUAREZ, JJ.

SUAREZ, J.

The appellant, Apex Capital, LP ("Apex"), appeals the entry of final summary judgment in favor of the appellee, Carnival Corporation ("Carnival"), in Apex's action to collect freight charges allegedly owed to its assignor, Dash Logistics, Inc. ("Dash"), for transportation of several shipments on Carnival's behalf. We affirm.

I. FACTS

In 2009, Carnival and United Freight Express ("UFE") executed...

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