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GEORGE HYMAN CONST. CO. v. CITY OF MIAMI

No. 88-2665.

545 So.2d 512 (1989)

The GEORGE HYMAN CONSTRUCTION COMPANY, a Maryland Corporation, Appellant, v. CITY OF MIAMI, a Municipal Corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 30, 1989.

Attorney(s) appearing for the Case

James E. Glass and Linda M. Dickhaus, Miami, for appellant.

Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow, Olin & Perwin and Joel S. Perwin, Miami, Jorge L. Fernandez, City Atty., and Kathryn S. Pecko, Asst. City Atty., for appellee.

Before BARKDULL, JORGENSON and GERSTEN, JJ.

PER CURIAM.

Hyman appeals from a dismissal with prejudice of a third party counterclaim for failure to state a cause of action. We reverse and remand.

The City of Miami contracted with a developer, MCA, to design and construct a parking garage which was to form the base of a multi-story office building. The contract provided for MCA to be responsible for all the work and to employ architects, engineers and contractors at its own expense. In turn, MCA contracted...

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