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U.S. BORING AND TUNNELING, INC. v. PROC ROBINSON ENTER., INC.

No. 93-874.

633 So.2d 118 (1994)

U.S. BORING AND TUNNELING, INC., Appellant, v. PROC ROBINSON ENTERPRISES, INC., d/b/a Robinson Construction Company, Inc., A Foreign Corporation, International Fidelity Insurance Company, and The City of St. Cloud, Appellees.

District Court of Appeal of Florida, Fifth District.

March 18, 1994.

Attorney(s) appearing for the Case

John W. Frost, II and Neal L. O'Toole of Frost & O'Toole, P.A., Bartow, for appellant.

Robert S. Hayes, Kissimmee, and C. Robert Schaub, Huntington, WV, for appellees PROC Robinson Enterprises, Inc., d/b/a Robinson Const. Co., Inc. and Intern. Fidelity Ins. Co.

No appearance for appellee City of St. Cloud.

PER CURIAM.

U.S. Boring and Tunneling, Inc. appeals the final judgment in favor of Proc Robinson Enterprises, Inc. (Robinson) following the trial court's grant of Robinson's motion for directed verdict. We reverse because the trial court failed to consider the "changed conditions" clause of the contract. See Town of Longboat Key v. Carl E. Widell & Son, 362 So.2d 719 (Fla. 2d DCA 1978). See also Hendry Corp. v. Metropolitan...

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