AETNA CAS. & SUR. CO. v. BANK OF PALM BEACH & TRUST CO.

No. 78-495.

373 So.2d 687 (1979)

AETNA CASUALTY AND SURETY COMPANY, a Connecticut Corporation, and Wiggs and Maale Construction Company, Inc., Appellants, v. BANK OF PALM BEACH AND TRUST COMPANY, a Corporation Organized under Florida Law, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 22, 1979.


Attorney(s) appearing for the Case

Edna L. Caruso, P.A., Montgomery, Lytal, Reiter, Denney & Searcy, P.A., Schuler & Wilkerson, West Palm Beach; and Wells, Gattis & Hallowes, Orlando, for appellants.

H. David Faust of Burns, Middleton, Farrell & Faust, Palm Beach, for appellee.


LETTS, Judge.

This case arises because the trial court granted a motion to dismiss following it with a final judgment in favor of the movant. We affirm.

The background involves a large construction company with a loan outstanding at the appellee bank, said loan unrelated to any construction projects affected hereunder. During the pendency of the loan the appellant, Aetna Casualty, had issued a series of bonds encompassing various building projects undertaken...

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