ALPHA ELEC. SUPPLY, INC. v. F. FEASTER, INC.

No. 77-2052.

358 So.2d 892 (1978)

ALPHA ELECTRIC SUPPLY, INC., Appellant, v. F. FEASTER, INC. and United States Fidelity and Guaranty Company, Appellees.

District Court of Appeal of Florida, Second District.

May 17, 1978.


Attorney(s) appearing for the Case

Robert H. Roth of Roth & Weiss, Orlando, for appellant.

Robert S. Edwards of Edwards, Sawyer & White, Plant City, for appellees.


PER CURIAM.

Appellant filed a two-count complaint. It brings this interlocutory appeal from an order dismissing count one with prejudice and dismissing count two with leave to amend. We reverse.

Appellant's complaint asserted that appellant furnished materials to a subcontractor in connection with the construction of a shopping center. The general contractor furnished a payment bond pursuant to Section 713.23, Florida Statutes (1975), which provides in part...

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