
    INVO FLORIDA, INC., a Florida Corporation, Appellant, v. SOMERSET VENTURER, INC.; C & L Somerset Lakes, Inc., et al., Appellees.
    Nos. 3D01-3056, 3D02-1016.
    District Court of Appeal of Florida, Third District.
    March 12, 2003.
    Rehearing, Rehearing En Banc and Certification of Conflict Denied June 11, 2003.
    Hoffman & Hertzig and Carl H. Hoffman, Coral Gables, for appellant.
    Goldstein, Tanen & Trench, Miami; Elizabeth K. Russo, Miami; Yelen & Yelen and Jan A. Yelen, Coral Gables, for appel-lees.
    Before SCHWARTZ, C.J., and LEVY and GREEN, JJ.
   PER CURIAM.

Affirmed.

LEVY and GREEN, JJ., concur.

SCHWARTZ, Chief Judge

(dissenting).

I do not agree that the movants-defen-dants satisfied their burden of conclusively demonstrating the absence of a genuine issue concerning the dispositive question on appeal — -whether the plaintiff was financially able to perform in accordance with the terms of the offer as to which it had the right of first refusal. See Blue Lakes Apartments, Ltd. v. George Gowing, Inc., 464 So.2d 705, 708-709 (Fla. 4th DCA 1985). Therefore, I would reverse the summary judgment below.  