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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT JANUARY TERM 1979
- NOT FINAL LINCIL TIME EXPIRES
ADCO SIGN CORPORATION, ) TO FILE REHEARING PETITION -
) AND, IF FILED, DISPOSED OF.
Appellant, )
v, ) CASE N0. 77-2564. _ +
-
JOSEPH J. LACH and )
MARY A?dN LACH , d / b / a )
CROSSROADS 2i0TEL, )
Appellees. )
Opinion filed MARCH 7, 1979 .
Appeal from the Circuit Court
for St.-Lucie County;
D. C. Smith, Judge.
J. Michael Brennan of Brennan -
and Piuschott, Fort Pierce,
for appellant.
Spencer B. Gilbert of Gilbert
and Horowitz, P.A., Fort Pierce,
for appellees.
PER CURIA'~i . -
This is an appeal from a judgment denying the
appellant's complaint for breach of contract and granting,
_ the counterclaim of the a*~pellees. Our examination of the
I
record fai).s to disclose any legal or evidentiary basis for
the appellees' recovery on their counterclairi against the
appellant of funds deposited by the appellees with a third
party who-was not joined in the trial court action.
Accordingly, the -judgment on the counterclaim is reversed,
but the -judgment in all other respects is affirmed.
y
A"ISTEAD . ~ , s and MOORF , JJ . , concur .
DAU~CSCH, J., dissents with opinion.
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, ~ - - ~ go~K 305 ~ACE295?
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