NATIONAL PROPERTIES, INC. v. BALLENGER CORP.

No. 72-918.

277 So.2d 29 (1973)

NATIONAL PROPERTIES, INC., a Florida Corporation, Appellant, v. BALLENGER CORPORATION et al., Appellees.

District Court of Appeal of Florida, Third District.

May 1, 1973.


Attorney(s) appearing for the Case

Wallace, Kreutzer & Breslow, Miami, for appellant.

Knight, Peters, Hoeveler, Pickle, Niemoeller & Flynn, Wicker, Smith, Psyzka, Blomqvist & Davant and Stephen A. Stieglitz, Miami, for appellees.

Before PEARSON and CHARLES CARROLL, JJ., and CREWS, JOHN J., Jr., Associate Judge.


PER CURIAM.

The plaintiff-appellant appeals a summary final judgment for the defendants. Appellant's complaint alleged that the defendants were engaged in building a part of an expressway between Miami Avenue and McArthur Causeway and, in so doing, carelessly and negligently drove piling so as to cause extensive damage to plaintiff's building located near the construction site.

Before discovery proceedings were completed, the defendants moved for summary judgment...

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