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MERLE v. FLORIDA STATE CONSTRUCTORS

No. 85-34.

472 So.2d 558 (1985)

Rose MERLE, Appellant, v. FLORIDA STATE CONSTRUCTORS, INC., Appellee.

District Court of Appeal of Florida, Third District.

July 16, 1985.

Attorney(s) appearing for the Case

Bret Clark, Miami, for appellant.

Jerry Kahn, Miami Beach, for appellee.

Before HENDRY, BASKIN and FERGUSON, JJ.

PER CURIAM.

We reverse the final judgment on appellant Merle's counterclaim* upon a finding that the trial court erred in denying her a jury trial on the legal issues she presented in response to appellee's equitable action. Barth v. Florida State Constructors Service, Inc., 327 So.2d 13 (Fla. 1976); Hightower v. Bigoney, 156 So.2d 501 (Fla. 1963).

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