B & B CONST. CO. OF OHIO, INC. v. RINKER MATERIALS CORP.

No. 73-892.

294 So.2d 131 (1974)

B & B CONSTRUCTION COMPANY OF OHIO, INC., and the Continental Insurance Company, Appellants, v. RINKER MATERIALS CORPORATION, a corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

May 10, 1974.


Attorney(s) appearing for the Case

L.M. Taylor of Ryan, Taylor & Law, North Palm Beach, for appellants.

Mark Maurer of Maurer, Maurer & Maurer, Fort Lauderdale, for appellee.


DOWNEY, Judge.

This is an appeal from a final summary judgment for the appellee awarding it 4,021.28, together with attorney's fees.

We are unable to determine from the record before us that there was no genuine issue of material fact remaining in the trial court. Accordingly, the cause must be reversed and remanded to the trial court, without prejudice to the rights of the parties to file further motions for summary judgment if it can be clearly demonstrated...

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