PLOWDEN & ROBERTS, INC. v. CONWAY

No. 220.

192 So.2d 528 (1966)

PLOWDEN & ROBERTS, INC., a Corporation, Appellant, v. Jim CONWAY, Jr., a/k/a J.M. Conway, Jr., d/b/a Conway Construction Company of Greenville, South Carolina, and United States Fidelity & Guaranty Company, Appellees.

District Court of Appeal of Florida. Fourth District.

Rehearing Denied December 30, 1966.


Attorney(s) appearing for the Case

Harlan Tuck, of Giles, Hedrick & Robinson, Orlando, for appellant.

M.W. Wells, Jr., of Maguire, Voorhis & Wells, Orlando, for appellee J.M. Conway, Jr., d/b/a Conway Const. Co.

Monroe E. McDonald, of Sanders, McEwan, Schwarz & Mims, Orlando, for appellee United States Fidelity & Guaranty Co.


SMITH, Chief Judge.

This appeal presents for review the propriety of a final judgment dismissing with prejudice the appellant-plaintiff's amended complaint, as amended, for failure to state a cause of action against the appellees, who were the defendants.

The action is based on a construction subcontract and payment and performance bonds given by the defendants. The judgment appealed is predicated chiefly upon the grounds that plaintiff failed to obtain an...

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