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THOMPSON v. MALONEY

No. 71-832.

267 So.2d 378 (1972)

Earl A. THOMPSON et al., Appellants, v. Neil MALONEY and Financial Fire and Casualty Company, Appellees.

District Court of Appeal of Florida, Second District.

October 13, 1972.

Attorney(s) appearing for the Case

Allen, Knudsen, Swartz, DeBoest, Rhoads & Edwards, Fort Myers, for appellants.

Roberts, Watson, Taylor & McNeil, Fort Myers, for appellee Financial Fire and Casualty.

LILES, Acting Chief Judge.

Appellants brought suit against Property Mortgage Services, Inc., to recover the sum of $11,250 paid by them to the defendant to obtain a loan commitment, defendant having failed to return the $11,250 subsequent to their failure to obtain the loan. Plaintiffs attempted to join Financial Fire and Casualty Company based upon a surety bond issued by it which provided for the joint and several liability of both parties. The trial judge dismissed...

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