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ELMORE v. FLORIDA POWER & LIGHT CO.

Nos. 4D04-88, 4D04-674.

895 So.2d 475 (2005)

Robert ELMORE and Lauderdale Sand & Fill, Inc., a Florida corporation, Appellants, v. FLORIDA POWER & LIGHT CO., a Florida corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 29, 2005.

Attorney(s) appearing for the Case

Bruce S. Rogow and Beverly A. Pohl of Bruce S. Rogow, P.A., Fort Lauderdale, for appellants.

Robert C. Grady and Michael D. Katz of Katz, Barron, Squitero, Faust, Brecker, Terzo, Friedberg & Grady, P.A., Fort Lauderdale, for appellee.

GREENE, CHARLES M., Associate Judge.

Robert Elmore and Lauderdale Sand & Fill, Inc. ("LS & F"), counter-defendants, timely appeal both the final judgment entered in favor of Florida Power & Light Co. ("FPL"), counter-plaintiff, and the cost judgment entered thereafter. These appeals are consolidated for our review.

This case essentially presents a question of law regarding whether the undisputed date of the filing of a counterclaim needs to be...

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