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BURTON v. GOV CONTRACTING CORP.

No. 89-00329.

552 So.2d 293 (1989)

Kenneth BURTON, Marlene A. Burton, Jack Gay, and Jeanette Gay, Individually and D/B/a "Deer Run Partnership," Appellants, v. GOV CONTRACTING CORPORATION, a Corporation, Appellee.

District Court of Appeal of Florida, Second District.

November 15, 1989.

Attorney(s) appearing for the Case

Lucinda Meekins Stathis and Marc H. Feldman, Bradenton, for appellants.

Douglas A. Wallace, Bradenton, for appellee.

EN BANC

PARKER, Judge.

Kenneth and Marlene A. Burton and Jack and Jeanette Gay (defendants), who were doing business as "Deer Run Properties," appeal a summary final judgment entered in favor of GOV Contracting Corporation (GOV) on an action to recover on a guaranty. We reverse. Further, we have determined to treat this matter en banc to recede from certain language contained in our prior decisions of Burns v. Taylor, 432 So.2d 99

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