DIENER BRICK CO. v. MASTRO MASONRY CONTRACTOR


885 A.2d 1034 (2005)

DIENER BRICK COMPANY, Appellee, v. MASTRO MASONRY CONTRACTOR and Ernest Bock & Sons, Inc., and XL Specialty Insurance Company and Joseph Russo. Appeal of: Ernest Bock & Sons, Inc. Diener Brick Company, Appellee, v. Mastro Masonry Contractor and Ernest Bock & Sons, Inc., and XL Specialty Insurance Company v. Joseph Russo. Appeal of: XL Specialty Insurance Company. Appeal of: Ernest Bock & Sons, Inc.

Superior Court of Pennsylvania.

Filed October 21, 2005.


Attorney(s) appearing for the Case

Blaik P. Ross, Huntingdon Valley, for Ernest Bock & Sons.

Anton G. Marzano, Philadelphia, for Diener Brick.

John Palladino, Atlantic City, NJ, for XL Specialty Insurance.

BEFORE: MUSMANNO, GANTMAN and TAMILIA, JJ.


OPINION BY TAMILIA, J.:

¶ 1 Ernest Bock & Sons (Bock), and XL Specialty Insurance Company (XL), appeal from the December 23, 2004 judgment entered on the verdict rendered in favor of Diener Brick Company (Diener) at the conclusion of a non-jury trial. Bock also appeals from the February 14, 2005 Order in which the court granted Diener's petition for counsel fees and costs.

¶ 2 The underlying breach of contract action was initiated by Diener,...

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