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Catlett's client did not buy the 76.5 acres or petitioners' sand
mine business.
2. The Buyers
Dakic and Fontana (the buyers) wanted to buy a construction
and demolition debris dump site in Pasco County. They had one
landfill that was nearly full.
Operating a construction and demolition debris dump was more
profitable to the buyers than operating a sand mine. The sand on
the 76.5 acres had no value to the buyers. The buyers would have
preferred to have obtained land with a hole in the ground.
The buyers did not want to acquire petitioners' sand mine
business. They did not ask to see petitioners' sand mine
business records. Petitioners did not show their business
records to the buyers.
Initially, Dakic negotiated for the buyers. Later, attorney
Robert C. Burke (Burke) represented the buyers to help them
acquire the 76.5 acres and Pasco County permits. The only item
or property that petitioners conveyed was the 76.5 acres.
Petitioners did not have a customer list, trucks, or other
equipment. The buyers did not want those items and did not
obtain them from petitioners.
Gilmore negotiated the exchange of the 76.5 acres for
petitioners. The subject of conveying petitioners' business was
not discussed during the negotiations.
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Last modified: May 25, 2011