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WARD AIR CONDITIONING CO. v. MOGUL

No. 76-2139.

352 So.2d 528 (1977)

WARD AIR CONDITIONING CO., a Florida Corporation, Appellant, v. Max A. MOGUL, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 20, 1977.

Attorney(s) appearing for the Case

John M. Robertson of Robertson, Williams, Duane & Lewis, P.A., Orlando, for appellant.

O.H. Eaton, Jr., of Brock, Massey, Walden, Baum & Eaton, Altamonte Springs, for appellee.

PER CURIAM.

We believe the second amended complaint of the appellant stated a cause of action and should not have been dismissed. See Snead Construction Corp. v. Parkway East, Inc., 324 So.2d 206 (Fla.3d DCA 1975). Accordingly, the order of dismissal entered by the trial court is reversed.

ANSTEAD and DAUKSCH, JJ., concur.

CROSS, J., dissents without...

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