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INTERNATIONAL FIDELITY INS. CO. v. STATE

No. 82-1568.

431 So.2d 689 (1983)

INTERNATIONAL FIDELITY INSURANCE COMPANY, a New Jersey Corporation, Appellant, v. The STATE of Florida, for the Use and Benefit of DADE COUNTY, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 8, 1983.

Attorney(s) appearing for the Case

Bernard Berman, Fort Lauderdale, for appellant.

Robert A. Ginsburg, Dade County Atty., and Gary A. Siplin, Asst. County Atty., for appellee.

Before BARKDULL, HUBBART and JORGENSON, JJ.

PER CURIAM.

We affirm the final judgment of forfeiture on a holding that a surety may not claim impossibility of performance (production of defendant) where, as here, the surety itself created the impossible condition. See Public Service Mutual Insurance Co. v. State, 135 So.2d 777 (Fla. 1st DCA 1961); ch. 903, Fla...

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