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MITCHELL v. DIMARE

No. 5D05-1691.

936 So.2d 1178 (2006)

Grant MITCHELL and Mitchell Realty, Inc., Appellant, v. W. Frank DIMARE and K.S. Toney, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

August 25, 2006.

Attorney(s) appearing for the Case

Sean P. Sheppard, of Sheppard & Sheppard, P.A., St. Augustine, for Appellant.

Robert L. McLeod, II, of the McLeod Firm, St. Augustine, for Appellee.

ORFINGER, J.

Grant Mitchell, a licensed real estate broker, joined by his firm, Mitchell Realty, Inc. (collectively "Mitchell"), procured a contract from AY Ventures, Inc. for the purchase of a parcel of real property owned by K.S. Toney, Trustee of the K.S. Toney Living Trust. The property, however, was subject to a right of first refusal in favor of W. Frank DiMare, who, upon being advised of the offer from AY Ventures, chose to exercise that right and closed on...

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