HEGEMAN-HARRIS CO., INC. v. ALL STATE PIPE SUPPLY CO., INC.

No. 80-622.

400 So.2d 1245 (1981)

HEGEMAN-HARRIS COMPANY, INC. and Fidelity and Deposit Company of Maryland, Appellants, v. ALL STATE PIPE SUPPLY COMPANY, INC., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 20, 1981.


Attorney(s) appearing for the Case

George Maxwell, III, of Rossetter, Maxwell & Silvernail, Melbourne, for appellants.

Peter B. Heebner of Van Wert, Heebner & Kennedy, Daytona Beach, for appellee.


ORFINGER, Judge.

The judgment of the trial court finding that appellee, as a materialman, was entitled to recover $6,626.59 from the contractor's surety under the payment bond posted by the contractor,1 is affirmed.

Because the action was one brought against the contractor and its surety under the bond, we must reverse that part of the judgment awarding appellee an attorney's fee of...

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