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DICKERSON FLORIDA INC. v. McPEEK

No. 93-3819.

651 So.2d 186 (1995)

DICKERSON FLORIDA, INC., Appellant, v. Gary McPEEK and Frank McPeek d/b/a McPeek Loader Service, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 28, 1995.

Attorney(s) appearing for the Case

Eugene J. O'Neill, Gould, Cooksey, Fennell, Barkett, O'Neill & Marine, P.A., Vero Beach, for appellant.

J. Stephen Tierney, III, Neill, Griffin, Jeffries & Lloyd, Chartered, Fort Pierce, for appellees.

GUNTHER, Judge.

Appellant, Dickerson Florida, Inc., defendant below (Dickerson), appeals a final judgment awarding McPeek Loader Service (McPeek) damages in the amount of $16,504. We reverse.

Dickerson was awarded the general contract for the construction of an eighteen hole championship golf course at Ballantrae Golf and County Club. According to the general contract, Dickerson was to be paid for portions of the work on a unit price basis rather than a fixed...

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