S.W. FLA. WATER MGT. DIST. v. MILLER CONST CO.

No. 77-1060.

355 So.2d 1258 (1978)

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, for the Use and Benefit of THERMAL ACOUSTIC CORPORATION, Appellant, v. MILLER CONSTRUCTION CO., INC. OF LEESBURG and the American Insurance Company, Appellees.

District Court of Appeal of Florida, Second District.

March 10, 1978.


Attorney(s) appearing for the Case

Joseph I. Goldstein of Mateer, Harbert, Bechtel & Phalin, Orlando, for appellant.

George H. Russ of Ranston E. Davis, Leesburg, for appellees.


SCHEB, Judge.

The issue presented by this appeal is whether a performance, payment, and guaranty bond delivered to a governmental entity incident to a public works contract was a statutory bond given pursuant to Section 255.05, Florida Statutes (1975), or a more broadly written common law bond.

Appellant/plaintiff Thermal sued appellees/defendants Miller and American, as principal and surety on a bond furnished ...

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