IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

Aberdeen at Ormond Beach, L.P., 760 So. 2d 126, 130 (Fla. 2000). Construing all facts and inferences in favor of the nonmoving party, Lawrence v. Pep Boys Manny Moe & Jack, Inc., 842 So. 2d 303, 305 (Fla. 5th DCA 2003), summary judgment is proper if there is no genuine issue of material fact and the moving party is entitled to judgment as a ... ................
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