UNITED BONDING INS. CO. v. CITY OF HOLLY HILL

No. O-121.

249 So.2d 720 (1971)

UNITED BONDING INSURANCE COMPANY, a Corporation, Appellant, v. CITY OF HOLLY HILL, a Municipal Corporation, for the Use and Benefit of Mac Martin, D/B/a MARTIN Brick and Sand Company, Appellees.

District Court of Appeal of Florida, First District.

June 22, 1971.


Attorney(s) appearing for the Case

Fred J. Woods, Jr., of Trenam, Simmons, Kemker, Scharf & Barkin, Tampa, for appellant.

Leon G. Van Wert, Daytona Beach, for appellees.


WIGGINTON, Judge.

Appellant surety company has appealed a summary final judgment rendered in favor of appellee materialman in an action on a contractor's performance bond issued by appellant to the City of Holly Hill, a municipal corporation. The critical question presented for decision is whether this action by the materialman is barred by the statute of limitations and should have been dismissed on the motion of appellant.

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