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astic remedy, it is not to be granted until the movant clearly carries the burden of persuasion as to the four prerequisites. See Church v. City of Huntsville, 30 F.3d 1332, 1342 (11th Cir. 1994). Petitioners did not satisfy their burden in this case. Indeed, Petitioners are not able to do so. Petitioners
recognition of the contract as subsisting or any conduct inconsistent with an intention of avoiding it, have the effect of an election to affirm. Hendricks v. Stark, 99 Fla. 277, 285, 126 So. 293, 296-97 (Fla. 1930) (internal quotation omitted); see, e.g., United States v. Baird, 218 F.3d 221, 230-31 (3d Cir. 20
astic remedy, it is not to be granted until the movant clearly carries the burden of persuasion as to the four prerequisites. See Church v. City of Huntsville, 30 F.3d 1332, 1342 (11th Cir. 1994). Petitioners did not satisfy their burden in this case. Indeed, Petitioners are not able to do so. Petitioners
recognition of the contract as subsisting or any conduct inconsistent with an intention of avoiding it, have the effect of an election to affirm. Hendricks v. Stark, 99 Fla. 277, 285, 126 So. 293, 296-97 (Fla. 1930) (internal quotation omitted); see, e.g., United States v. Baird, 218 F.3d 221, 230-31 (3d Cir. 20
astic remedy, it is not to be granted until the movant clearly carries the burden of persuasion as to the four prerequisites. See Church v. City of Huntsville, 30 F.3d 1332, 1342 (11th Cir. 1994). Petitioners did not satisfy their burden in this case. Indeed, Petitioners are not able to do so. Petitioners
recognition of the contract as subsisting or any conduct inconsistent with an intention of avoiding it, have the effect of an election to affirm. Hendricks v. Stark, 99 Fla. 277, 285, 126 So. 293, 296-97 (Fla. 1930) (internal quotation omitted); see, e.g., United States v. Baird, 218 F.3d 221, 230-31 (3d Cir. 20
astic remedy, it is not to be granted until the movant clearly carries the burden of persuasion as to the four prerequisites. See Church v. City of Huntsville, 30 F.3d 1332, 1342 (11th Cir. 1994). Petitioners did not satisfy their burden in this case. Indeed, Petitioners are not able to do so. Petitioners
recognition of the contract as subsisting or any conduct inconsistent with an intention of avoiding it, have the effect of an election to affirm. Hendricks v. Stark, 99 Fla. 277, 285, 126 So. 293, 296-97 (Fla. 1930) (internal quotation omitted); see, e.g., United States v. Baird, 218 F.3d 221, 230-31 (3d Cir. 20
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