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WHITE CONSTRUCTION COMPANY, INC. v. JONES

No. 1D08-1669.

13 So.3d 130 (2009)

WHITE CONSTRUCTION COMPANY, INC., Appellant, v. Timothy JONES, Appellee.

District Court of Appeal of Florida, First District.

June 3, 2009.

Attorney(s) appearing for the Case

George E. Spofford, IV, and Aaron W. Proulx, of Glenn Rasmussen Fogarty & Hooker, P.A., Tampa, for Appellant.

Christopher T. McRae and David J. Metcalf of McRae & Metcalf, P.A., Tallahassee, for Appellee.

PER CURIAM.

This case arises from a 1992 agreement by which Timothy Jones licensed White Construction Co. to mine limerock deposits under Jones' property. In the present lawsuit litigated in the circuit court, each party alleged the other party breached the agreement. We affirm the final judgment for Jones and reject Jones's argument on cross-appeal regarding White's failure to mine the land continuously.

The trial court correctly determined that the applicable...

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