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4100 5TH AVE. CORP. v. PHL/MILLWORK

No. 98-00257.

722 So.2d 218 (1998)

4100 5th AVENUE CORP., Appellant, v. PHL/MILLWORK DIVISION, INC., Redstone Resources, Ltd., and Redstone Resources and Funding Corp., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 24, 1998.

Attorney(s) appearing for the Case

Roy C. Skelton, Clearwater, for Appellant.

R. Wade Wetherington of Wetherington, LeFloch & Hamilton, P.A., Tampa, for Appellees Redstone Resources, Ltd., and Redstone Resources and Funding Corp.

No appearance for Appellee PHL/Millwork Division, Inc.

CAMPBELL, Acting Chief Judge.

Appellant challenges the trial court order granting appellees Redstone Resources, Ltd.'s and Redstone Resources and Funding Corp.'s (hereinafter referred to as Redstone) motion for judgment on the pleadings. After a review of the record, we agree with appellant that the trial court erred in so ruling and reverse.

In considering a motion for judgment on the pleadings, all material allegations of the opposing party's pleadings are...

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