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REGENCY CONTRACTORS, INC. v. SEARS

No. BD-429.

474 So.2d 1262 (1985)

REGENCY CONTRACTORS, INC., Appellant-Cross Appellee, v. Jerry D. SEARS, Jr., and Wife, Carol G. Sears, Appellees-Cross Appellants.

District Court of Appeal of Florida, First District.

September 5, 1985.

Attorney(s) appearing for the Case

Jack Locklin, of Johnson, Green & Locklin, P.A., Milton, for appellant-cross appellee.

Ray P. Pope, of Shell, Fleming, Davis & Menge, Pensacola, for appellees-cross appellants.

PER CURIAM.

The plaintiff below, Regency Contractors, Inc., appeals from a final judgment finding that it breached its construction contract and awarding damages, fees and costs. The defendants below, Mr. and Mrs. Sears, cross appeal arguing that the trial court improperly denied their motion to amend their counterclaim.

The parties agree that the trial court utilized an improper measure of damages and further agree that the amount of damages awarded should...

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