HUNT TRUCK SALES & SERV., INC. v. BONANZA CONSTR., INC.

No. 76-2544.

353 So.2d 612 (1977)

HUNT TRUCK SALES AND SERVICE, INC., Appellant, v. BONANZA CONSTRUCTION, INC., etc., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

December 20, 1977.


Attorney(s) appearing for the Case

Francis E. Pierce, Jr., Orlando, for appellant.

Hal H. Kantor of Loundes, Peirsol, Drosdick & Doster, Professional Ass'n, Orlando, for appellees.


DOWNEY, Judge.

Appellant filed a multi-count complaint in which Count VII sought to foreclose a mechanic's lien. Count VI sought recovery upon a bond which allegedly had been furnished for the benefit of the owner, "the Plaintiff and other similarly situated subcontractors and materialmen." A copy of the bond is attached to the complaint.

Appellees moved to dismiss Count VII on the ground, among others, that the bond referred to in Count VI of the complaint...

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