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ORIOLE HOMES CORPORATION v. BELLSOUTH TELECOMMUNICATIONS, INC.,

No. 94-0904.

641 So.2d 504 (1994)

ORIOLE HOMES CORPORATION, Appellant, v. BELLSOUTH TELECOMMUNICATIONS, INC., f/k/a Southern Bell Telephone and Telegraph Company, a foreign corporation authorized to do business in the State of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 24, 1994.

Attorney(s) appearing for the Case

Jill J. Jarkesy and Carla DiPasquale Cramer of Perry, Shapiro, Miller & Jarkesy, P.A., West Palm Beach, for appellant.

Michel S. Byrd and Wade R. Byrd of McCall & Byrd, Palm Beach, for appellee.

GLICKSTEIN, Judge.

This is an appeal by a defendant/developer from a partial summary judgment on the issue of liability in favor of a plaintiff/utility in a dispute between the two over the cost of relocating utilities occasioned by the widening of Lyons Road1 in Palm Beach County. We affirm.

Sections 125.42 and 337.403, Florida Statutes (1989), provide, in essence, that when road widening...

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