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ARGONAUT INS. CO. v. COMMERCIAL STANDARD INS.

No. 79-1188.

380 So.2d 1066 (1980)

ARGONAUT INSURANCE COMPANY, Appellant, v. COMMERCIAL STANDARD INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 7, 1980.

Attorney(s) appearing for the Case

Ronald W. Sikes of Welbaum, Zook, Jones & Williams, Orlando, for appellant.

Richard Benjamin Wilkes of Trenam, Simmons, Kemker, Scharf, Barkin, Frye & O'Neill, P.A., Tampa, for appellee.

GRIMES, Chief Judge.

This is an appeal from a final summary judgment in a case in which a contractor's surety unsuccessfully sought recovery from a subcontractor's surety.

According to the record, Pinehurst Associates, a limited partnership, entered into a contract with Peninsular State Builders, Inc., in 1972 under which Peninsular was to construct an apartment complex for Pinehurst. Pursuant to the contract, Peninsular obtained a performance bond from Argonaut...

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