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BRICKELL BAY CLUB, INC. v. USSERY

Nos. 80-1441, 81-424 and 81-837.

417 So.2d 692 (1982)

BRICKELL BAY CLUB, INC., etc., et al., Appellants, v. Pansy K. USSERY, As Personal Representative of the Estate of Aubrey W. Ussery, Deceased, and Alvin Ussery d/b/a Ussery's Cement, Appellees. Pansy K. USSERY, As Personal Representative of the Estate of Aubrey W. Ussery, Deceased, and Alvin Ussery d/b/a Ussery's Cement, Appellants, v. BRICKELL BAY CLUB, INC., etc., et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 18, 1982.

Attorney(s) appearing for the Case

Hall & Hauser and Richard F. O'Brien, III, Miami, for Brickell Bay Club, Inc.

Walton, Lantaff, Schroeder & Carson and N. James Turner and George W. Chesrow and Randall W. Dillard and Kathleen O'Connor, Miami, for Pansy K. Ussery.

Before BARKDULL and DANIEL S. PEARSON and FERGUSON, JJ.

BARKDULL, Judge.

In 1973, Brickell Bay Club, Inc., as owner, was developing a condominium project in Dade County, Florida. The general contractor was Samuel Weintraub, Inc., d/b/a as Weintraub Construction Co. The general contractor employed Ussery Cement Finishing Company, which was a partnership of the Ussery brothers (one of whom is now deceased) to do certain of the concrete work on the project. On October 16, 1975 Ussery filed a notice to owner and a mechanic...

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