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MIVAN (FLA.), INC. v. METRIC CONSTRUCTORS, INC.

No. 5D02-1788.

857 So.2d 901 (2003)

MIVAN (FLORIDA), INC. n/k/a Mivan, Inc., Appellant, v. METRIC CONSTRUCTORS, INC., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

August 29, 2003.

Attorney(s) appearing for the Case

Lewis J. Conwell and Matthew J. Meyer of Piper Rudnick LLP, Tampa, for Appellant.

Herman M. Braude of Braude & Margulies, P.C., Washington, DC and Stuart H. Sakwa of Leiby Taylor Stearns Linkhorst and Roberts, P.A., Fort Lauderdale, for Appellees Metric Constructors, Inc. and Firemen's Fund Insurance Company.

Paul L. SanGiovanni, Daniel H. Coultoff and Richard P. Spence of Gronek & Latham, LLP, Orlando, for Appellee Universal City Development Partners, LP.

SAWAYA, C. J.

Mivan (Florida), Inc. (hereinafter Mivan) appeals the final summary judgment in favor of Metric Constructors, Inc. (hereinafter Metric) and Fireman's Fund Insurance Company (hereinafter Fireman's). Because issues of material fact remain unresolved that prevent the entry of summary judgment, we reverse.

Universal City Development Partners (hereinafter Universal), an owner and developer of various theme properties in Florida, entered into a general...

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