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CCC. v. AJAX PAVING INDUSTRIES, INC.

No. 2D10-1015.

86 So.3d 502 (2012)

CAROLINA CONSULTING CORP., d/b/a Barrier Wall of South Florida, Appellant, v. AJAX PAVING INDUSTRIES, INC. OF FLORIDA, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 30, 2012.

Attorney(s) appearing for the Case

Daniel Doorakian and Marshall J. Osofsky of Katz & Associates Law Firm, P.L., West Palm Beach (withdrew after briefing), for Appellant.

Stuart Jay Levine and Heather A. DeGrave of Walters Levine Klingensmith & Thomison, P.A., Tampa, for Appellee.

KELLY, Judge.

Carolina Consulting Corporation, d/b/a Barrier Wall of South Florida (CCC) appeals the final judgment entered against it and in favor of Ajax Paving Industries, Inc., in consolidated actions for breach of two road construction contracts. We conclude that Ajax wrongfully refused to perform under one of the contracts, thus entitling CCC to assert the right to set off the damages for breach of that contract against the amounts it owed to Ajax under a separate...

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