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W & W LUMBER v. TOWN & COUNTRY BUILDERS

No. 4D09-878.

35 So.3d 79 (2010)

W & W LUMBER OF PALM BEACH, INC., a Florida corporation, Appellant, v. TOWN & COUNTRY BUILDERS, INC., a Florida corporation and Florida Extruders International, Inc., a Florida corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

May 12, 2010.

Attorney(s) appearing for the Case

Shelly J. Stirrat of Fox, Wackeen, Dungey, Beard, Sobel, Bush & McCluskey, L.L.P., Stuart, for appellant.

Scott J. Topolski and Robert E. Pershes of Buckingham Doolittle & Burroughs, L.L.P., Boca Raton, for appellee Town & Country Builders, Inc., a Florida corporation.

HAZOURI, J.

W & W Lumber of Palm Beach County, Inc. ("W & W"), appeals a final judgment award of $53,054.44 rendered against it following a bench trial. We reverse.

Town & Country Builders, Inc. ("Town & Country"), a general contractor, contracted with W & W, a subcontractor, for materials (windows) and labor (window installation and millwork) for six of its residential projects. At the onset of the project, W & W used windows manufactured...

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