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INDUS. BUILDERS, INC. v. HERITAGE INS. CO.

Nos. 81-104, 81-117.

416 So.2d 1244 (1982)

INDUSTRIAL BUILDERS, INC., Sergio Novo, Dania Novo, Errol Portuondo and Rosa Portuondo, Appellants, v. HERITAGE INSURANCE COMPANY OF AMERICA, a Foreign Corporation, Chick'n Haven, Inc., a Florida Corporation and Rinker Materials Corporation, a Florida Corporation, Appellees. HERITAGE INSURANCE COMPANY OF AMERICA, Appellant, v. INDUSTRIAL BUILDERS, INC., Sergio Novo, Dania Novo, Errol Portuondo and Rosa Portuondo, Appellees.

District Court of Appeal of Florida, Fourth District.

July 21, 1982.

Attorney(s) appearing for the Case

Gary I. Zwickel of Zwickel, Gross & Kessler, Lake Worth, for Industrial Builders, Inc., Sergio Novo, Dania Novo, Errol Portuondo and Rosa Portuondo.

Alan C. Brandt, Jr., of Chappell, Brandt & Gore, P.A., Fort Lauderdale, for Heritage Ins. Co. of America.

W. Peter Burns of Steel, Hector, Davis, Burns & Middleton, Palm Beach, for Chick'N Haven, Inc.

GLICKSTEIN, Judge.

Appellant, Heritage Insurance Company of America, is the surety under a performance bond. Appellant, Industrial Builders, Inc., is the contractor-principal. Appellants, Novo and Portuondo, are indemnitors of the surety. Appellee, Chick'N Haven, Inc., is the owner-obligee.

Because of a dispute between the owner and contractor arising out of a contract to construct a limited service restaurant, Heritage brought an action for declaratory judgment...

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