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WAL-MART STORES, INC. v. AAA ASPHALT, INC.

No. 94-4130.

677 So.2d 93 (1996)

WAL-MART STORES, INC., Appellant/Cross-Appellee, v. AAA ASPHALT, INC., Coastal Materials of Alabama, Inc., and Busby Electric Company, Inc., Appellees/Cross-Appellants.

District Court of Appeal of Florida, First District.

July 25, 1996.

Attorney(s) appearing for the Case

J. Dixon Bridgers, III, of Bridgers, Gill & Holman, Pensacola, for Appellant.

D. Michael Chesser of Chesser, Wingard, Barr, Whitney, Flowers & Fleet, P.A., Shalimar, for Appellees.

PER CURIAM.

This cause is before us on Wal-Mart's appeal from an order granting summary final judgment to Appellees (hereinafter "the subcontractors"). We reverse.1

At the summary final judgment hearing, the subcontractors' counsel acknowledged that the record did not prove "aggressive positive fraud" by Wal-Mart. However, the trial court found that Wal-mart had perpetrated a constructive fraud on the subcontractors by negligently...

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