PER CURIAM.
This appeal arises out of an action for breach of an annexation agreement and rescission. After the pleadings were closed and discovery had been taken, appellee moved for summary judgment. Appellee asserted in its motion that the contract was void ab initio, but did not raise the breach of contract issue.
Although the trial court held that the contract was not void or voidable, it found that appellant had breached the contract and ordered rescission...
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