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NARD, INC. v. DeVITO CONTRACTING & SUPPLY, INC.

No. 2D99-2972.

769 So.2d 1138 (2000)

NARD, INC., Appellant, v. DeVITO CONTRACTING & SUPPLY, INC., and City Wide Asphalt Paving & Coating Service, Inc., Appellees.

District Court of Appeal of Florida, Second District.

October 18, 2000.

Attorney(s) appearing for the Case

Margot Pequignot of Margot Pequignot P.A., Largo, and Robert E. Biasotti of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., St. Petersburg, for Appellant.

Andrew S. Forman of Andrew S. Forman, P.A., Tampa, for Appellees.

HAYES, HUGH D., Associate Judge.

This is an appeal from a summary judgment. For the reasons expressed below, we reverse, finding that there are genuine issues of material fact on both the cross-claim and the counter-crossclaim of the parties.

Factual Background

Nard, Inc. entered into a contract with DeVito Contracting & Supply, Inc. to construct a motel on real property owned by Nard in Pasco County...

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