Larry L. Beeler and Cynthia J. Beeler - Page 8

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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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