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OBS CO., INC. v. PACE CONST. CORP.

No. 73296.

558 So.2d 404 (1990)

OBS Company, Inc., Petitioner, v. Pace Construction Corporation, et al., Respondents.

Supreme Court of Florida.

Rehearing Denied April 23, 1990.

Attorney(s) appearing for the Case

Donald D. Clark, David E. Gurley, Joel W. Walters and Anthony J. Abate of Abel, Band, Brown, Russell & Collier, Chartered, Sarasota, for petitioner.

J.M. Crowder of Crowder & O'Friel, Tampa, J.D. Humphries, III of Varner, Stephens, Wingfield, McIntyre & Humphries, Atlanta, Ga., for respondents.

McDONALD, Justice.

We review Pace Construction Corp. v. OBS Co., 531 So.2d 737 (Fla. 2d DCA 1988), based on express and direct conflict with Cohen v. Lunsford, 362 So.2d 383 (Fla. 1st DCA 1978). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We quash Pace and approve Cohen.

This suit involves a claim by a subcontractor for money due for work performed...

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