MERCEDE EQUIPMENT RENTAL, INC. v. RICK'S EQUIPMENT RENTAL, INC.

No. 88-0216.

559 So.2d 339 (1990)

MERCEDE EQUIPMENT RENTAL, INC., and Fidelity and Deposit Company of Maryland, Appellants/Cross Appellees, v. RICK'S EQUIPMENT RENTAL, INC., Appellee/Cross Appellant.

District Court of Appeal of Florida, Fourth District.

April 4, 1990.


Attorney(s) appearing for the Case

Russell Adler (withdrawn as counsel after filing brief) and Leon R. Margules of Entin, Schwartz, Margules & Lazurus, Miami, for appellants/cross appellees.

William S. Weisman and Barry J. Clyman of Mandel and Weisman, Fort Lauderdale, for appellee/cross appellant.


DOWNEY, Judge.

Appellant, Mercede Equipment Rental, Inc., (Mercede) entered into two written contracts with appellee, Rick's Equipment Rental, Inc., (Rick's) to dredge sand fill. When the job was completed and billed, the parties disagreed upon the amount owed, giving rise to the filing of a lien by Rick's and eventually this lien foreclosure.

Rick's adduced evidence that it excavated sufficient yardage to justify a bill of $33,055. While there was evidence...

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