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Florida District Courts of Appeal, 1978

Sims Crane Service, Inc. v. Am-Cal Construction Co.

Sims Crane Service, Inc. v. Am-Cal Construction Co.
Florida District Courts of Appeal · Decided May 19, 1978 · Booth, Ervin, Mills
358 So. 2d 1167; 1978 Fla. App. LEXIS 15995 (Southern Reporter, Second Series)
Sims Crane Service, Inc. v. Am-Cal Construction Co.

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Opinion of the Court

PER CURIAM.

Upon considering the briefs, the record and oral argument, we find no reversible error.

Accordingly, the order appealed is affirmed.

MILLS, Acting C. J., and ERVIN, J., concur. BOOTH, J., dissents.

Dissenting Opinion

BOOTH, Judge,

dissenting.

The third party complaint in this case, states a cause of action and should not have been dismissed. Florida Gas Company v. Spaulding, 243 So.2d 129 (Fla. 1970); Sunspan Engineering and Construction Company v. Spring-Lock Scaffold Company, 310 So.2d 4 (Fla. 1975); Florida Power Corp. v. Taylor, 332 So.2d 687 (Fla. 2nd DCA 1976).

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