SIMON PROPERTY GROUP, L.P. v. SOUTHEAST SERVICE CORPORATION, INC.

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA SIMON PROPERTY GROUP, L.P., NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, v. CASE NO. 1D05-2069 SOUTHEAST SERVICES CORPORATION, INC., Appellee. ___________________________/ Opinion filed November 29, 2005. An appeal from the Circuit Court for Clay County. James L. Harrison, Judge. Paul S. Jones and Todd T. Springer of Luks, Santaniello, Perez, Petrillo & Gold, Jacksonville, for Appellant. Craig Cameron and Nancy A. Davito of Hodges, Coleman, LaPointe & Wright, P.A., Orlando, for Appellee. PER CURIAM. Upon consideration of the appellant s response to the Court s order of July 15, 2005, the appeal is hereby dismissed as duplicative of the appeal in case number 1D052956, without prejudice to the appellants right to assert similar legal issues in an initial brief filed in case number 1D05-2956. In light of the dismissal, all pending motions are denied as moot. ALLEN, VAN NORTWICK, and POLSTON, JJ., CONCUR. 2

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