ALLAN ELEC. CO. v. POWER FACILITIES, INC.

No. 83-30.

450 So.2d 1145 (1984)

ALLAN ELECTRIC COMPANY, INC., Appellant, v. POWER FACILITIES, INC., a/k/a Volt Enterprises, Inc., and Reliance Insurance Company, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 11, 1984.


Attorney(s) appearing for the Case

Christopher J. Weiss of Maguire, Voorhis & Wells, P.A., Orlando, for appellant.

Christopher C. Skambis of van den Berg, Gay, Burke, Wilson & Arkin, P.A., Orlando, for appellees.


PER CURIAM.

AFFIRMED.

DAUKSCH, J., and SCOTT, R.C., Associate Judge, concur.

SHARP, J., dissents with opinion.

SHARP, Judge, dissenting.

The lower court granted summary judgment because it construed the performance-payment bond involved in this case as a statutory bond pursuant to section 255.05, Florida Statutes (1979), rather than a common-law bond. The statute of limitations applicable to statutory bonds had not been met. §...

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