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BELLINO v. W & W LUMBER AND BLDG. SUPPLIES

No. 4D03-3138.

902 So.2d 829 (2005)

Cindy BELLINO, Appellant, v. W & W LUMBER AND BUILDING SUPPLIES, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 14, 2005.

Attorney(s) appearing for the Case

Julie K. Oldehoff of Oldehoff Law Offices, P.A., Stuart, for appellant.

Allison E. Butler and Leif J. Grazi of Grazi & Gianino, Stuart, for appellee.

SILVERMAN, SCOTT J., Associate Judge.

W & W Lumber & Building Supplies sued defendant Cindy Bellino for damages on unpaid invoices of $34,079.65 and to foreclose its mechanic's lien. After a two day non-jury trial, the trial court entered a final judgment for $12,765.16 in favor of W & W Lumber. Bellino moved for a rehearing, which the trial court denied.

Under the unique circumstances of this case, where Bellino accepted delivery and paid for...

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