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GENERAL DEV. UTILITIES, INC. v. DAVIS

No. 79-251.

375 So.2d 20 (1979)

GENERAL DEVELOPMENT UTILITIES, INC., Appellant, v. Guy O. DAVIS, Appellee.

District Court of Appeal of Florida, Second District.

August 31, 1979.

Attorney(s) appearing for the Case

William C. Strode and Wayne C. Hall of Strode, Hereford & Taylor, Sarasota, for appellant.

Charles J. Cheves of Cheves & Rapkin, Venice, for appellee.

SCHEB, Judge.

Appellant, General Development Utilities, Inc., challenges the trial court's entry of a partial summary judgment determining liability in a class action brought by Guy O. Davis on behalf of General Development's customers in the City of North Port. We have jurisdiction. Fla.R.App.P. 9.130(a)(3)(C)(iv). We hold that there was a genuine issue of material fact concerning General Development's affirmative defenses and that, therefore, the court erred in...

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