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WATERHOUSE v. McDEVITT AND STREET CO.

Nos. 78-2363/T4-277, 79-46/T4-277A and 79-72/T4-277B.

387 So.2d 470 (1980)

Linton S. WATERHOUSE, and Fidelity and Deposit Co., of Maryland, Appellants, v. McDEVITT AND STREET CO., Martin, Johnson and Walls, Inc., and Barnett Bank of Cocoa, N.A., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 11, 1980.

Attorney(s) appearing for the Case

John L. Sewell, Orlando, for appellant Fidelity & Deposit Co. of Maryland.

Linton S. Waterhouse, Orlando, pro se.

Elmo R. Hoffman, Orlando, for appellee McDevitt & Street Co.

Robert T. Westman, Cocoa, for appellee Barnett Bank of Cocoa, N.A.

FRANK D. UPCHURCH, Judge.

Three appeals, two from a final judgment of the Circuit Court for Orange County and one from the Circuit Court for Brevard County, have been consolidated for consideration.

Before these appeals arose, McDevitt & Street Company had sued Martin, Johnson & Walls, Inc. and its surety, Fidelity & Deposit Company. Martin counterclaimed. Fidelity cross claimed against Martin. Martin recovered a judgment against McDevitt; that...

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