INS. CO OF N. AM v. ELEC POWER & SERV

No. 79-1600.

384 So.2d 915 (1980)

INSURANCE COMPANY OF NORTH AMERICA, a Pennsylvania Corp., Appellant, v. ELECTRIC POWER & SERVICE, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

June 10, 1980.


Attorney(s) appearing for the Case

Wicker, Smith, Blomqvist, Davant, Tutan, O'Hara & McCoy and Richard A. Sherman, Miami, for appellant.

John H. Duhig, Miami, for appellee.

Before BARKDULL, HUBBART and SCHWARTZ, JJ.


PER CURIAM.

The final order under review, which awards attorneys fees for the plaintiff subcontractor [Electric Power & Service, Inc.] in its suit against the contractor [Scope Construction Company] and its surety insurer [Insurance Company of North America] under the subject contractor's performance bond, is reversed upon a holding that no final judgment on the merits was rendered by the trial court in the plaintiff's favor, [the lawsuit was, in fact, settled...

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