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DESTINY CONST. v. MARTIN K. EBY CONST

No. 94-2579.

662 So.2d 388 (1995)

DESTINY CONSTRUCTION COMPANY, Appellant, v. MARTIN K. EBY CONSTRUCTION, etc., et al., Appellee.

District Court of Appeal of Florida, Fifth District.

November 3, 1995.

Attorney(s) appearing for the Case

Nevin A. Weiner of Livingston, Patterson, Strickland & Weiner, P.A., Sarasota, for appellant.

John R. Hamilton of Foley & Lardner, Orlando, for appellees.

ANTOON, Judge.

Destiny Construction Company (Destiny) sued Martin Eby Construction Company (Eby) and Eby's surety, Federal Insurance Company, for breach of a construction contract. Destiny appeals the trial court's final summary judgment in favor of Eby. We reverse.

Eby entered into a contract with the City of Orlando to expand and improve a water pollution control facility. Eby later entered into a subcontract with Destiny, an underground utilities subcontractor...

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