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WALDEN LEASING v. BEISWENGER, HOCH

No. 94-2009.

656 So.2d 972 (1995)

WALDEN LEASING, INC. and Unidas System, Inc., For the Use and Benefit of Indemnity Insurance Company of North America, Appellants, v. BEISWENGER, HOCH & ASSOCIATES, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

July 5, 1995.

Attorney(s) appearing for the Case

David F. Cooney, Bruce M. Trybus, Pamela R. Kittrell of Cooney, Haliczer, Mattson, Lance, Blackburn, Pettis & Richards, P.A., Fort Lauderdale, for appellants.

Norman Malinski of Norman Malinski, P.A., Aventura, for appellee.

PER CURIAM.

AFFIRMED.

DELL, J., and RIVKIND, LEONARD, Associate Judge, concur.

GUNTHER, C.J., dissents with opinion.

GUNTHER, Chief Judge, dissenting with opinion.

I respectfully dissent.

It appears from the record that an issue of genuine fact exists regarding whether the defect in the construction of the roadway was patent or latent. Indemnity Insurance Company of North America filed the affidavit of a civil engineer with...

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