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Florida District Courts of Appeal, 1994

U.S. Boring & Tunneling, Inc. v. Proc Robinson Enterprises, Inc.

U.S. Boring & Tunneling, Inc. v. Proc Robinson Enterprises, Inc.
Florida District Courts of Appeal · Decided March 18, 1994 · Goshorn, Peterson, Sharp
633 So. 2d 118; 1994 Fla. App. LEXIS 2508; 1994 WL 84190 (Southern Reporter, Second Series)

U.S. Boring & Tunneling, Inc. v. Proc Robinson Enterprises, Inc.

Opinion of the Court

PER CURIAM.

U.S. Boring and Tunneling, Inc. appeals the final judgment in favor of Proc Robinson Enterprises, Inc. (Robinson) following the trial court’s grant of Robinson’s motion for directed verdict. We reverse because the trial court failed to consider the “changed conditions” clause of the contract. See Town of Longboat Key v. Carl E. Widell & Son, 362 So.2d 719 (Fla. 2d DCA 1978). See also Hendry Corp. v. Metropolitan Dade County, 18 Fla.L.Weekly D2301, 1993 WL 431973 (Fla. 3d DCA Oct. 26, 1993). We remand for a new trial.

REVERSED and REMANDED.

W. SHARP, GOSHORN and PETERSON, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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