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COLBY MATERIALS, INC. v. CALDWELL CONST.

No. SC04-774.

926 So.2d 1181 (2006)

COLBY MATERIALS, INC., Petitioner, v. CALDWELL CONSTRUCTION, INC., Respondent.

Supreme Court of Florida.

March 16, 2006.

Attorney(s) appearing for the Case

D. Lance Langston, Tallahassee, FL, for Petitioner.

Michael D. Sechrest and Robert P. Butts of Fisher, Butts, Sechrest, and Warner, P.A., Gainesville, FL, for Respondent.

ANSTEAD, J.

We have for review the decision in Colby Materials, Inc. v. Caldwell Construction Inc., 868 So.2d 584 (Fla. 5th DCA 2004), which expressly and directly conflicts with the decision in Torrey v. Leesburg Regional Medical Center, 769 So.2d 1040 (Fla. 2000). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. For the reasons set forth below, we quash the...

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