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E.E. DEAN SNAVELY, INC. v. SULLIVAN

No. JJ-124.

360 So.2d 451 (1978)

E.E. DEAN SNAVELY, INC., et al. and American Insurance Company, Appellants, v. Billy SULLIVAN et al., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied July 28, 1978.

Attorney(s) appearing for the Case

Frank M. Gafford, Lake City, Alan B. Fields, of Dowda & Fields, Palatka, for appellants.

F.D. McKnight, of Yergey, Yergey & McKnight, Orlando, for appellees.

ERVIN, Justice.

Snavely, a general contractor and its surety, American Insurance Company, filed their interlocutory appeal from an order denying motions for partial summary judgment and dismissal. Snavely contracted with one Rogers to construct a retail shopping center in Live Oak, Florida. Snavely, through its surety, furnished Rogers a payment and performance bond in accordance with Section 713.23, Florida Statutes (1977). The bond was in the face amount of the...

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