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J.J. SHANE, INC. v. AETNA CAS. & SUR. CO.

No. 97-3126.

723 So.2d 302 (1998)

J.J. SHANE, INC., Appellant, v. AETNA CASUALTY & SURETY COMPANY and Recchi America, Inc., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 29, 1999.

Attorney(s) appearing for the Case

Frank D. Newman, Miami, for appellant.

Cummings, Thomas & Snyder, P.A., and F. Alan Cummings, and Anna D. Torres, and Patricia Snyder, Tallahassee, for appellees.

Before SCHWARTZ, C.J., and GERSTEN and GREEN, JJ.

GREEN, Judge.

On this appeal, the plaintiff/subcontractor appeals from an adverse final judgment and order taxing attorney's fees and costs entered pursuant to a jury verdict in favor of the general contractor. We reverse and remand with instructions that this case be dismissed without prejudice as being prematurely filed.

Appellant, J.J. Shane, Inc. ("Shane") was a subcontractor to the general contractor, appellee...

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