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HEINZ PAV. & ASPHALT CO. v. U.S.F. & G. CO.

No. 77-1013.

360 So.2d 29 (1978)

HEINZ PAVING & ASPHALT COMPANY, INC., a Florida Corporation, Appellant, v. UNITED STATES FIDELITY & GUARANTY COMPANY, a Foreign Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 19, 1978.

Attorney(s) appearing for the Case

Joseph L. Daye, Fort Lauderdale, for appellant.

Richard A. Sherman of Wicker, Smith, Blomqvist, Davant, McMath, Tutan & O'Hara, Miami, for appellee.

DOWNEY, Chief Judge.

Appellant sued appellee to recover a sum of money allegedly owed to appellant for labor and materials furnished by appellant for construction of a public building in Ft. Lauderdale, Florida. Appellee is the surety on a performance bond furnished pursuant to Section 255.05, Florida Statutes (1975). The trial court sustained a motion to dismiss appellant's complaint and granted appellant 20 days to amend. Instead of amending said complaint appellant...

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