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BARILE EXCAVATING, ETC. v. VACUUM UNDER-DRAIN, INC.

No. II-69.

362 So.2d 117 (1978)

BARILE EXCAVATING & PIPELINE CO., INC., a Florida Corporation, Appellant, v. VACUUM UNDER-DRAIN, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, First District.

August 22, 1978.

Attorney(s) appearing for the Case

R. Michael Kennedy of Kinsey, Vincent, Pyle & Williams, Daytona Beach, for appellant.

Joseph T. Garlovsky of Judge & Warren, Daytona Beach, for appellee.

BOYER, Acting Chief Judge.

Appellant seeks reversal of a final order of dismissal of its second amended complaint with prejudice. The complaint consists of two counts. Both counts of the original complaint were dismissed with right to amend. By an explanatory order dated April 18, 1977 count one of the amended complaint was dismissed with prejudice and count two with further leave to amend. A motion to dismiss was directed to the second amended complaint and upon...

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