BANKERS FIRE AND CAS. INS. CO. v. NEWMAN

No. 75-2111.

330 So.2d 760 (1976)

BANKERS FIRE AND CASUALTY INSURANCE COMPANY, Appellant, v. James B. NEWMAN et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 17, 1976.


Attorney(s) appearing for the Case

Ernest J. Rice, and John F. Lowndes, of Lowndes, Persol, Drosdick & Doster, P.A., Orlando, for appellant.

William B. Wilson, of Maguire, Voorhis & Wells, P.A., Orlando, for appellee Curtis Katz.


PER CURIAM.

Upon examination of the briefs and record on appeal and upon due consideration of oral argument we are of the opinion that the trial court erred in determining that the provisions of a surety bond issued by the plaintiff-appellant to secure payment of a promissory note created a contractual obligation to pay attorney's fees in the event of default on the bond. See United Bonding Insurance Co. v. Inter National Bank of Miami, 221...

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