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DeVANE v. P.J. CONSTRUCTORS, INC.

No. 97-2387.

710 So.2d 1375 (1998)

D.A. DeVANE, d/b/a Volusia Enterprises, Appellant, v. P.J. CONSTRUCTORS, INC., et al., Appellee.

District Court of Appeal of Florida, Fifth District.

June 5, 1998.

Attorney(s) appearing for the Case

James Allen Scott, Jr., Palm Coast, for Appellant.

Mary M. Piccard and Jeffrey V. Nelson, of Vezina, Lawrence & Piscitelli, P.A., Tallahassee, for Appellee.

GRIFFIN, Chief Judge.

D.A. DeVane, d/b/a Volusia Enterprises ["Volusia"], appeals the lower court's order of dismissal for want of prosecution. We reverse.

On May 4, 1995, Volusia filed a three count complaint against defendants P.J. Constructors, Inc. ["PJ"], Smith Hammock Landscape ["Hammock"], and Seaboard Surety Company ["Seaboard"], seeking damages in the amount of $69,474.00 for work performed and materials supplied to construct S.R. 416 in Seminole...

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