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MOTOR CITY ELEC. CO. v. OHIO CAS. INS. CO.

No. 78-2410.

374 So.2d 1068 (1979)

MOTOR CITY ELECTRIC COMPANY, Appellant, v. The OHIO CASUALTY INSURANCE Company and Jack Hardy, Inc., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 24, 1979.

Attorney(s) appearing for the Case

Friedman, Britton, Cohen, Kaufman, Zinkow, Benson & Schantz and William H. Benson, Miami, for appellant.

Robert E. Dubow and Lawrence H. Feder, Dania, for appellees.

Before HAVERFIELD, C.J., and KEHOE and SCHWARTZ, JJ.

KEHOE, Judge.

This is an appeal from an order dismissing with prejudice a complaint seeking to recover under the provisions of a common law bond. The complaint was dismissed for exceeding the one year limitations period provided for by Sections 255.05 and 713.23, Florida Statutes (1977). We hold that these statutes do not apply to preclude this action and remand with directions to reinstate the complaint.

Appellant/plaintiff alleged that it was due a certain...

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