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HILL TOP DEVELOPERS v. HOLIDAY PINES SERVICE

No. 84-1617.

478 So.2d 368 (1985)

HILL TOP DEVELOPERS, Appellant, v. HOLIDAY PINES SERVICE CORPORATION, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 20, 1985.

Attorney(s) appearing for the Case

Charles P. Pillans, III, and Andrew J. McClurg of Bedell, Dittmar, DeVault, Pillans & Gentry, P.A., Jacksonville, for appellant.

Charles W. Pittman of MacFarlane, Ferguson, Allison & Kelly, Tampa, for appellee.

William S. Bilenky, General Counsel, and Wayne L. Schiefelbein, Associate General Counsel, of Florida Public Service Commission, Tallahassee, amicus curiae.

FRANK, Judge.

The appellant, Hill Top Developers (HTD), contests a final judgment awarded to Holiday Pines Service Corporation (HPSC) in the amount of $52,715.88. The claimed indebtedness arose from HPSC's plant facility expansion that was required as a result of furnishing water and sewer service to 150 condominium units constructed by HTD.

The factual setting giving rise to the litigation and the events before the trial court are summarized as follows: HPSC...

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