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JAMES v. PLANO

Nos. 4-86-2400, 4-86-2465.

520 So.2d 709 (1988)

Robert JAMES, Appellant, v. Frank PLANO D/B/a Gulfstream Masonry and Milord Development Corporation, Appellees. MILORD DEVELOPMENT CORPORATION, Appellant, v. Frank PLANO D/B/a Gulfstream Masonry and Robert James, Appellees.

District Court of Appeal of Florida, Fourth District.

March 9, 1988.

Attorney(s) appearing for the Case

Russell S. Bohn, of Edna L. Caruso, P.A., and Law Offices of Phillip C. Houston, West Palm Beach, for Robert James.

Charles R. Crispell and John J. Bulfin, of Wiederhold, Moses & Bulfin, P.A., West Palm Beach, for Milord Development.

Richard H. Gaunt, Jr., of Cibula, Gaunt, Pratt & Radford, West Palm Beach, for Frank Plano.

ON REHEARING

PER CURIAM.

We deny the appellee's motion for rehearing. However, we withdraw our opinion of December 16, 1987, and substitute the following revised opinion:

On the authority of Holl v. Talcott, 191 So.2d 40 (Fla. 1966), we reverse the summary final judgment and the resulting cost judgment entered in favor of the appellee, Frank Plano d/b/a Gulfstream...

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