LEGARE v. MUSIC & WORTH CONST., INC.

No. BG-472.

486 So.2d 1359 (1986)

Donna LEGARE and Jody Wathall, D/B/a Native Nurseries, Appellants, v. MUSIC & WORTH Construction, Inc., Leon County and Henson Engineering, Inc., Appellees.

District Court of Appeal of Florida, First District.

April 3, 1986.


Attorney(s) appearing for the Case

John F. Tierney, III, Ft. Walton Beach, for appellants.

J. Craig Knox of Fuller & Johnson, Tallahassee, for appellee/Music & Worth Const., Inc.

R. William Roland and Michael G. Maida of Karl, McConnaughhay, Roland, Maida & Beal, P.A., Tallahassee, for appellee/Henson Engineering, Inc.

O. Earl Black, Jr., Asst. Co. Atty., Tallahassee, for appellee/Leon County.


SMITH, Judge.

Appellants seek reversal of a final judgment dismissing with prejudice their amended complaint, which sought to impose liability on appellees based upon negligence (counts I and VI) and third party beneficiary theories (counts II and VII). Appellants also assert that the trial court erred in striking with prejudice their claim for punitive damages. We affirm in part, reverse in part, and remand for further proceedings.

In January of 1982, appellees...

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