BALBOA INS. CO. v. W.C.B. ASSOCIATES, INC.

No. 80-193.

390 So.2d 172 (1980)

BALBOA INSURANCE COMPANY, Appellant, v. W.C.B. ASSOCIATES, INC., Walter C. Bowman & Associates, Norma L. Bowman, Walter C. Bowman, Faith Construction Company, Richard W. Beckwith and Housing Authority of Brevard County, Florida, Appellees.

District Court of Appeal of Florida, Fifth District.

November 19, 1980.


Attorney(s) appearing for the Case

Donald E. Grincewicz, Law Office of Carroll S. Barco, Orlando, for appellant.

Edward L. Stahley, Cocoa, for appellee, Housing Authority.


ORFINGER, Judge.

Appellant contends that the trial court erred in dismissing with prejudice its complaint against the appellee, Brevard County Housing Authority. We agree and reverse.

The complaint alleges that appellant was the surety on a contractor's performance and payment bond with appellee as the obligee thereof. When the contractor defaulted in performance, appellant as surety stepped in and completed the work at a cost of $5,309.08. Based on the terms...

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