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C.C.I., INC. v. F.V.L. CONTRACTING, INC.

No. 89-2425.

567 So.2d 942 (1990)

C.C.I., INC., a Tennessee Corporation, Appellant, v. F.V.L. CONTRACTING, INC., Formerly Known As Vito's Trucking and Excavating Company, Inc., a Michigan Corporation, and American Casualty of Reading, Pennsylvania, a Pennsylvania Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 29, 1990.

Attorney(s) appearing for the Case

Ronald P. Gossett of Gossett, McDonald, Gossett & Crawford, P.A., Hollywood, for appellant.

Frederica B. Elder of David L. Swimmer, P.A., Miami, for appellee-American Cas. Co. of Reading, Pennsylvania.

PER CURIAM.

We reverse a final order dismissing a complaint. The dismissal, for failure to state a cause of action, was founded on the trial court's evaluation of a contract attached to the complaint. The contract uses the term "joint venture" to describe appellant's relationship with a bonded contractor. Appellant claims to be a subcontractor or materialman, and not a joint venturer, and therefore entitled to assert a claim against the bonding company, American Casualty...

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