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AERO TOY STORE, INC. v. SHERWIN-WILLIAMS

No. 98-0155

725 So.2d 1267 (1999)

AERO TOY STORE, INC., a Florida corporation, Appellant, v. The SHERWIN-WILLIAMS COMPANY, Appellee.

District Court of Appeal of Florida, Fourth District.

February 10, 1999.

Attorney(s) appearing for the Case

Bruce David Green of Bruce David Green, P.A., Fort Lauderdale, for appellant.

Kenneth L. Bednar and John A. Turner of Arnstein & Lehr, West Palm Beach, for appellee.

PER CURIAM.

Aero Toy Store, Inc. ("Aero"), appeals the trial court's dismissal with prejudice of its action against The Sherwin Williams Company ("Sherwin-Williams"). We reverse to vacate the order of dismissal.

Aero filed suit against Sherwin-Williams for Breach of Express Warranty and Breach of Implied Warranty of Merchantability for allegedly defective paint it purchased from Sherwin-Williams. Sherwin-Williams served an offer of judgment pursuant to Section...

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