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DIAMOND R. FERTILIZER CO. v. LAKE PACKING

No. 97-3368.

743 So.2d 547 (1999)

DIAMOND R. FERTILIZER CO., INC., Appellant, v. LAKE PACKING PARTNERSHIP, Day Packing, etc., et al., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 20, 1999.

Attorney(s) appearing for the Case

Alton G. Pitts, P.A. and Kenneth L. Baker, Orlando, for Appellees Beasley Packing, Inc., and James Edward Beasley.

T. Todd Pittenger and Terry C. Young of Lowndes, Drosdick, Doster, Kantor & Reed, P.A., Orlando, for Appellees Lake Packing Partnership, Day Packing, Inc., and John H. Day.

ANTOON, C.J.

Diamond R. Fertilizer Company, Inc., appeals the final summary judgment entered by the trial court in favor of Lake Packing Partnership, Day Packing Corporation, and John Day (appellees) in this breach of contract case. We reverse and remand this matter to the trial court for further proceedings because the trial court erred in applying the doctrines of merger and election of remedies.

In 1993 and 1994, appellee Lake Packing Partnership placed...

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