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WALTER E. HELLER AND CO. v. POINTE SANIBEL DEVELOPMENT

Nos. 80-368, 80-780.

392 So.2d 306 (1980)

WALTER E. HELLER & COMPANY, SOUTHEAST, a Florida Corporation, Appellant, v. POINTE SANIBEL DEVELOPMENT CORPORATION, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 26, 1981.

Attorney(s) appearing for the Case

Litman, Muchnick & Wasserman and Steven R. Rosenthal, Hollywood, for appellant.

Pavese, Shields, Garner, Haverfield, Kluttz & Cottrell and Robert L. Donald, Cape Coral, for appellee.

Before SCHWARTZ, NESBITT and DANIEL S. PEARSON, JJ.

SCHWARTZ, Judge.

Quality Wood Products assigned a claim against Pointe Sanibel Development Corp. to an entity designated as "Walter E. Heller & Company of Florida." Subsequently, a party-plaintiff which described itself as "Walter E. Heller & Company Southeast" brought an action on the claim against Pointe Sanibel. After the granting of a motion to dismiss, an amended complaint was filed which specifically alleged that "Heller of Florida" had merely changed...

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