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TURNER CONSTRUCTION COMPANY v. E&F CONTRACTORS, INC.

Case No. 3D06-340.

939 So.2d 1108 (2006)

TURNER CONSTRUCTION COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY, Appellants, v. E&F CONTRACTORS, INC., Appellee.

District Court of Appeal of Florida, Third District.

Opinion filed September 20, 2006.

Attorney(s) appearing for the Case

Peckar & Abramson and Jerry P. Brodsky and Adam P. Handfinger and Sahr O. Dumbar, for appellants.

McConnell Lipton and H. Hugh McConnell and Walter Stevens, for appellee.

Before GERSTEN, GREEN, and SUAREZ, JJ.

SUAREZ, J.

Turner Construction Company and its surety, Travelers Casualty and Surety Company, (collectively, "Turner") appeal the order granting E&F Contractors, Inc.'s ("E&F") motion to abate affirmative defenses and entry of final summary judgment for E&F. We affirm.

Turner contends that the trial court erred by striking, without prejudice, its affirmative defense of set-off in E&F's suit on a construction subcontract. E&F asserts that...

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