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BEHM v. CAPE LUMBER CO.

Nos. 2D01-3044, 2D01-4311.

834 So.2d 285 (2002)

Wolfgang H. BEHM, Lieselotte M. Behm, and Insurance Company of North America, Appellants, v. CAPE LUMBER COMPANY, d/b/a Fort Myers Lumber and Supply Co., a Florida corporation, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 22, 2003.

Attorney(s) appearing for the Case

Jon D. Parrish of Parrish, White & Lawhon, P.A., Naples, for Appellants.

J. Jeffrey Rice of Goldstein, Buckley, Cechman, Rice & Purtz, P.A., Fort Myers, for Appellee.

SILBERMAN, Judge.

Wolfgang and Lieselotte Behm and Insurance Company of North America (ICNA) appeal a final judgment awarding damages and an order taxing costs and attorney's fees in favor of Cape Lumber Company. We reverse because the Behms should have been permitted to conduct discovery as to information relevant to the claims and defenses that were at issue. Additionally, a directed verdict should have been entered in favor of the Behms on Cape Lumber's claim of...

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