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HARPER MECHANICAL, LLC v. HUNT CONSTRUCTION GROUP, INC.

No. 5D08-857.

23 So.3d 772 (2009)

HARPER MECHANICAL, LLC, Appellant, v. HUNT CONSTRUCTION GROUP, INC., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

November 20, 2009.

Attorney(s) appearing for the Case

Jamie Billotte Moses and James M. Talley of Fisher, Rushmer, Werrenrath, Dickson, Talley & Dunlap, P.A., Orlando, for Appellant.

Charles J. Cacciabeve of Carlton Fields, P.A., Orlando, Jason A. Perkins, Sylvia H. Walbolt, E. Kelly Bittick, Jr., Wm. Cary Wright and Christine R. Davis of Carlton Fields, P.A., Tampa, for Appellees.

TORPY, J.

In this construction payment dispute case, Appellant, a mechanical subcontractor, seeks review of the summary judgment entered in favor of Appellees, the contractor1 and its surety. Although the judgment is final as to the surety, it is not final as to the contractor because a counterclaim remains pending that arises from the same contract. Therefore, we cannot address the issues between...

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