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PAN AMERICAN SURETY COMPANY v. BOARD OF PUBLIC INSTRUCTION OF DADE COUNTY

No. 57-65.

99 So.2d 890 (1958)

PAN AMERICAN SURETY COMPANY, a Florida corporation, Appellant, v. BOARD OF PUBLIC INSTRUCTION OF DADE COUNTY, Florida, for the use and Benefit of Rose-Saxon Lumber Co., a Florida Corporation, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied February 17, 1958.

Attorney(s) appearing for the Case

Prebish, DuVal & Foard, Miami, for appellant.

Hubbard & Hickey, Coral Gables, for appellee.

PEARSON, Judge.

The plaintiff brought an action on a statutory public works bond, required under Section 255.05, Fla. Stat., F.S.A., against the surety. The complaint was amended pursuant to leave of court to include a claim for attorney's fees for plaintiff's attorney. This amendment was allowed under the theory that a provision in the contract between the School Board and the prime contractor authorized the assessment of this fee. The defendant moved to strike this...

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