DYNAMIC CABLEVISION OF FLA. INC. v. PALMETTO 114 ASSOCIATES

No. 89-2376.

567 So.2d 1004 (1990)

DYNAMIC CABLEVISION OF FLORIDA INC., Appellant, v. PALMETTO 114 ASSOCIATES, a Florida General Partnership, and Its General Partners, Caransa, S.A. International, Peter T. Austen, Benjamin S. Schwartz, Martin J. Nash, Dale A. Heckerling, Donald R. Tescher and Stuart K. Hoffman, and Wingerter Laboratories, Inc., Appellees.

District Court of Appeal of Florida, Third District.

October 9, 1990.


Attorney(s) appearing for the Case

Catlin, Saxon, Tuttle & Evans and Brian L. Fink and H. James Catlin, Miami, for appellant.

Fine, Jacobson, Schwartz, Nash, Block & England and Charles M. Auslander and Craig Edward Stein and Alice Lash; Donald T. Ryce, Cohen, Chase, Heckerling & Trautman, Miami, for appellees.

Before BARKDULL, LEVY and GERSTEN, JJ.


PER CURIAM.

The appellant and Palmetto Associates entered into a contract for the purchase of sale of certain real estate. The contract provided that Palmetto, at its expense, would "fill and demuck" the property, and would secure a certified soil engineer report as to compliance with this provision. Wingerter Laboratories, Inc. was employed as the certified soil engineer. They rendered a report prior to its due date which had a clause which reads as follows:

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