ACROCRETE, INC. v. ANTHONY DERCK and MARY DERCK

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA ACROCRETE, INC., Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. CASE NO. 1D06-0024 ANTHONY DERCK and MARY DERCK, STALNAKER CONS TRUCTION, INC., AS SUCCESSOR IN INTEREST TO AND CONTINUATION OF REMODELING BY DAVE STALNAKER, INC., ATRIUM COMPANIES, INC. Appellees. ______________________________/ Opinion filed August 8, 2006. An appeal from the Circuit Court for Walton County. David W. Green, Judge. Keith E. Hope of the Hope Law Firm, P.A., Holmes Beach, for Appellant. Bruce D. Partington of Clark, Partington, Hart, Larry, Bond & Stackhouse, Pensacola, for Appellees. PER CURIAM. The circuit court has certified that the missing portion of the transcript cannot be reconstructed and that the parties cannot prepare a stipulated statement of the evidence or obtain an approved statement of the evidence pursuant to Florida Rule of Appellate Procedure 9.200. Accordingly, the final order is reversed and remanded for a new final hearing. REVERSED and REMANDED. ALLEN, DAVIS, and THOMAS, JJ., CONCUR. 2

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