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QUALITY GLASS & MIRROR, INC. v. RITCH

No. MM-337.

373 So.2d 723 (1979)

QUALITY GLASS AND MIRROR, INC., a Florida Corporation, Appellant, v. John C. RITCH, General Contractor, Inc., a Florida Corporation, and United States Fidelity and Guaranty Corporation, Appellees.

District Court of Appeal of Florida, First District.

August 9, 1979.

Attorney(s) appearing for the Case

Charles G. Felder of Clayton, Duncan, Johnston, Quincey, Ireland, Felder & Gadd, Gainesville, for appellant.

Frederick D. Smith and Nancy E. Yenser of Salter, West, Feiber & Smith, Gainesville, for United States Fidelity and Guaranty Corp., for appellees.

PER CURIAM.

The trial court granted summary judgment for appellees Ritch and United States Fidelity and Guaranty Corporation on the ground that their performance and payment bond was a statutory bond pursuant to Section 255.05, Florida Statutes (1977), and that appellant, plaintiff below, filed his complaint alleging nonpayment for materials after the statutory one year limitation period on actions had expired. We hold that even though this bond contained provisions...

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