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COMWEL DEV. CORP. v. CITY OF DEERFIELD BEACH

No. 78-1337.

382 So.2d 716 (1980)

COMWEL DEVELOPMENT CORP., Appellant, v. The CITY OF DEERFIELD BEACH, Fidelity and Deposit Company of Maryland, Midwestern Sewer Contractors, Inc., Lawrence B. Isgette and James M. Montgomery Consulting Engineers, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 30, 1980.

Attorney(s) appearing for the Case

David L. Ross and William J. Berger, of Greenberg, Traurig, Hoffman, Lipoff, Quentel & Wolff, P.A., Miami, for appellant.

Joe Easthope, of Houston, Faircloth, Cooper & Easthope, Fort Lauderdale, for appellee City of Deerfield Beach.

Warren D. Hamann, Luis C. Bustamente, and R. Owen Ricker, Jr., of Bradford, Williams, McKay, Kimbrell, Hamann & Jennings, P.A., Miami, for appellee Fidelity and Deposit Co. of Maryland.

ANSTEAD, Judge.

This is an appeal by Comwel Development Corporation from a final declaratory judgment declaring Comwel to have no rights under payment and performance bonds issued by a compensated surety, appellee Fidelity and Deposit Company of Maryland, by virtue of an assignment made of those rights to the appellee City of Deerfield Beach; and a corrected final declaratory judgment dismissing Comwel's claim against the surety under the bonds.

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