J. SOURINI PAINTING, INC. v. JOHNSON PAINTS, INC.

Nos. 2D00-1660, 2D00-1717, 2D00-3029.

809 So.2d 95 (2002)

J. SOURINI PAINTING, INC.; James R. Sourini; Capitol Indemnity Corporation; Centex Rooney Construction Company, Inc.; Seaboard Surety Company; St. Paul Fire & Marine Insurance Company; and National Union Fire Insurance Company of Pittsburgh, Pennsylvania, Appellants/Cross Appellees, v. JOHNSON PAINTS, INC., Appellee/Cross-Appellant.

District Court of Appeal of Florida, Second District.

February 27, 2002.


Attorney(s) appearing for the Case

C. David Harper of Foley & Lardner, Tampa, for Appellants/Cross-Appellees J. Sourini Painting, Inc., James R. Sourini, and Capitol Indemnity Corporation.

William C. Davell of May, Meacham & Davell, P.A., Fort Lauderdale, for Appellants/Cross-Appellees Centex Rooney Construction Company, Seaboard Surety Company, St. Paul Fire & Marine Insurance Company, and National Union Fire Insurance Company.

Herbert O. Brock, Jr., Michael R. Whitt, and J. Kevin Miller of Becker & Poliakoff, P.A., Fort Myers, for Appellee/Cross-Appellant.


SCHEB, JOHN M., Senior Judge.

On review of this appeal and cross-appeal, we conclude that the trial court's findings and legal conclusions are contradictory and cannot be reconciled. Therefore, we vacate the final judgment and postjudgment order and remand for a new trial on all issues.

Background and Litigation in Circuit Court

On December 23, 1993, Centex Rooney Construction Co., a general contractor, subcontracted with J. Sourini Painting...

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