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IN THE SUPREME COURT OF FLORIDA - page 6 / 26

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PRELIMINARY STATEMENT

Respondent/Plaintiff is referred to in this brief as

"Atlantic."

Defendant/Petitioner

is

referred

to

as

"Shurman."

References to the trial court record are designated as

"R1:[page]."

References

to

the

record

submitted

to

this

Court

by

the Fifth District Court of Appeals are designated as

"R2:[page]."1

References

to

the

appendix

are

designated

as

"A.[document

number

and

page]."

References

to

Shurman's

brief

on

the

merits

are

designated

"Br.[page]."

All

emphasis

is

added

unless otherwise specified.

CERTIFICATE OF FONT SIZE

The font used in this brief is "Courier" 12 point.

1 Although the record on appeal is not designated by Volumes 1 and 2, the above-referenced designation system will be used to avoid confusion since pages 1 through 29 are duplicated in record because the Fifth District did not re-paginate the trial court record when incorporating it into the record on appeal before this Court.

iv

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