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DAVIES v. COMMERCIAL METALS CO.

Nos. 5D08-3579, 5D08-3738.

46 So.3d 71 (2010)

Matthew DAVIES, C & W Trucking, A Florida Corporation, and Titus Clark, Appellants, v. COMMERCIAL METALS COMPANY etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 28, 2010.

Attorney(s) appearing for the Case

Griffith J. Winthrop, III , Jennifer K. Birmingham and David R. Eveler of Alvarez, Sambol, Winthrop & Madison, P.A., Orlando, for Appellants, C & W Trucking and Titus Clark.

Bard D. Rockenbach of Burlington & Rockenbach, P.A., and F. Gregory Barnhart of Searcy, Denney, Scarola, Barnhart & Shipley, P.A., West Palm Beach, for Appellant, Matthew Davies.

Judith W. Simmons and Kenneth A. Beytin of Burton, Beytin & McLaughlin, P.A., Tampa, for Appellants, C & W Trucking & Titus Clark.

Arthur J. England, Jr. , Brigid F. Cech Samole , and Kerri L. McNulty of Greenberg, Traurig, P.A., Miami, and Scott P. Yount , Robert T. Vorhoff of Garrison, Yount, Lormand, Forte & Mulcahy, LLC, Tampa, for Appellees.

JACOBUS, J.

This is an appeal by Matthew Davies, C & W Trucking, and Titus Clark of a final summary judgment entered in favor of Commercial Metals Company. We find the summary judgment was properly entered and affirm, as there were no disputed issues of material fact. We write primarily to address a point of confusion that arose regarding the precise nature of the trial court's decision.

First, an overview of the case and the parties is in order. Matthew...

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