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McDEVITT & ST. CO. v. MARTIN, JOHNSON & WALLS, INC.

No. 75-1950.

356 So.2d 1315 (1978)

McDEVITT & STREET COMPANY, Appellant, v. MARTIN, JOHNSON & WALLS, INC., a Florida Corporation, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

April 4, 1978.

Attorney(s) appearing for the Case

Elmo R. Hoffman of Hoffman, Hendry, Parker & Smith, Orlando, for appellant.

Linton S. Waterhouse, Orlando, for appellee-Martin, Johnson & Walls, Inc.

Janis M. Halker, Orlando, Lippincott & Halker, Winter Park, and Gurney, Gurney & Handley, Orlando, for appellee-Fidelity and Deposit Co. of Maryland.

PER CURIAM.

Two lawsuits involving the same parties and arising out of the same transaction were consolidated for trial. The plaintiff in one of the lawsuits was a general contractor who was suing a subcontractor and the subcontractor's surety for the alleged breach of two subcontracts and for the alleged wrongful filing of a mechanic's lien by the subcontractor. The subcontractor counterclaimed, alleging that the contractor had breached the subcontracts, and sought...

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