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RINKER MATERIALS CORPORATION v. TOWN OF LAKE PARK

No. 87-1100.

518 So.2d 446 (1988)

RINKER MATERIALS CORPORATION, Appellant, v. The TOWN OF LAKE PARK, etc., Appellee.

District Court of Appeal of Florida, Fourth District.

January 13, 1988.

Attorney(s) appearing for the Case

Cole Fitzgerald and James P. Garrity of Moyle, Flanigan, Katz, Fitzgerald & Sheehan, P.A., West Palm Beach, for appellant.

David P. Ackerman of Gunster, Yoakley, Criser & Stewart, P.A., West Palm Beach, for appellee.

PER CURIAM.

We affirm the summary final judgment except as to appellant's claim for rescission of a right-of-way deed. We believe that claim was not litigated in the prior bond validation proceedings challenged by appellant and, hence, was not foreclosed by the termination of that litigation against appellant. Cf. McCoy Restaurants, Inc. v. City of Orlando, 392 So.2d 252 (Fla. 1980...

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