OLD REPUBLIC INS. CO. v. VON ONWELLER CONST. CO.

No. 69-600.

239 So.2d 503 (1970)

OLD REPUBLIC INSURANCE COMPANY, Appellant, v. VON ONWELLER CONSTRUCTION COMPANY, Inc., et al., Appellees.

District Court of Appeal of Florida, Second District.

September 23, 1970.


Attorney(s) appearing for the Case

John T. Allen, Jr., of Harrison, Greene, Mann, Davenport, Rowe & Stanton, St. Petersburg, for appellant.

Robert D. Jones of Skelton & Willis, St. Petersburg, for appellee Von Onweller Const. Co., Inc.


PIERCE, Judge.

The lower Court entered its summary judgment for appellee-plaintiff Von Onweller Construction Company, Inc., and ordered recovery of $979.50 plus costs from appellant-defendant Old Republic Insurance Company. In an earlier order the trial Court denied Old Republic's motion to dismiss Von Onweller's complaint and granted Von Onweller's motion to strike Old Republic's defense that the oral contract is barred by the Statute of Frauds. We reverse.

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