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VIDAR DRYWALL OF FLA., INC. v. GEORGE HYMAN CONST. CO.

No. 82-1624.

435 So.2d 315 (1983)

VIDAR DRYWALL OF FLORIDA, INC., a Florida Corporation, Appellant, v. The GEORGE HYMAN CONSTRUCTION COMPANY, Etc., and the Federal Insurance Company and the Aetna Casualty and Surety Company, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 17, 1983.

Attorney(s) appearing for the Case

Arthur Neiwirth of Cooper, Shahady, Frazier & Pugatch, Fort Lauderdale, for appellant.

James Glass and R. Hugh Lumpkin of Rosenberg, Reisman & Glass, Miami, for appellees George Hyman Const. Co. et al.

PER CURIAM.

Appellant, Vidar Drywall of Florida, Inc., a subcontractor, sued George Hyman Construction Co., a general contractor, to recover money allegedly owed Vidar arising out of its subcontract. Hyman alleged that nothing was due Vidar under said subcontract. In addition, Hyman affirmatively pleaded in defense a subsequent contract between the parties dated May 5, 1981. Hyman moved for summary judgment supported by an affidavit that stated that the parties had...

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