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Florida District Courts of Appeal, 2003

Invo Florida, Inc. v. Somerset Venturer, Inc.

Invo Florida, Inc. v. Somerset Venturer, Inc.
Florida District Courts of Appeal · Decided March 12, 2003 · Green, Levy, Schwartz
847 So. 2d 990; 2003 Fla. App. LEXIS 3123; 2003 WL 1038166 (Southern Reporter, Second Series)

Invo Florida, Inc. v. Somerset Venturer, Inc.

Opinion of the Court

PER CURIAM.

Affirmed.

LEVY and GREEN, JJ., concur.

Dissenting Opinion

SCHWARTZ, Chief Judge

(dissenting).

I do not agree that the movants-defen-dants satisfied their burden of conclusively demonstrating the absence of a genuine *991issue concerning the dispositive question on appeal — -whether the plaintiff was financially able to perform in accordance with the terms of the offer as to which it had the right of first refusal. See Blue Lakes Apartments, Ltd. v. George Gowing, Inc., 464 So.2d 705, 708-709 (Fla. 4th DCA 1985). Therefore, I would reverse the summary judgment below.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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