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PRECISION CONSTRUCTORS, INC. v. VALTEC CONSTRUCTION CORP.

No. 3D01-2677.

825 So.2d 1062 (2002)

PRECISION CONSTRUCTORS, INC., Appellant, v. VALTEC CONSTRUCTION CORP., Appellee.

District Court of Appeal of Florida, Third District.

September 18, 2002.

Attorney(s) appearing for the Case

David Harris Singer; Maureen O'Donnell, Miami, for appellant.

Gary B. Goldman, North Miami Beach, for appellee.

Before JORGENSON and RAMIREZ, JJ., and NESBITT, Senior Judge.

PER CURIAM.

Precision Constructors, Inc., the defendant below, appeals from a final judgment in favor of Valtec Construction Corp., the plaintiff below, following a bench trial.

We reverse as the case was tried before it was "at issue," in contravention of Florida Rule of Civil Procedure 1.440. The original notice for trial was no longer viable after the plaintiff subsequently filed an amended complaint, thereby reopening the pleadings. See Nystrom v. Nystrom...

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