AETNA CAS. & SUR. CO. v. CASTLE SUPPLY CO.

No. 84-2171.

467 So.2d 1115 (1985)

AETNA CASUALTY & SURETY COMPANY, Appellant, v. CASTLE SUPPLY COMPANY, INC., Appellee.

District Court of Appeal of Florida, Second District.

May 1, 1985.


Attorney(s) appearing for the Case

Henry P. Trawick, Jr., of Trawick, Griffis & Hammersley, Sarasota, and E. Snow Martin, Jr., of Martin & Martin, Lakeland, for appellant.

Steven L. Selph of Harris, Barrett, Mann & Dew, St. Petersburg, for appellee.


DANAHY, Acting Chief Judge.

The appellant, the surety on a general contractor's payment bond, appeals a summary judgment in favor of a materialman not paid by a plumbing subcontractor. Upon consideration of the briefs and record on appeal, we conclude that there are genuine issues of material fact as to whether all the materials supplied by the appellee were delivered and incorporated in the construction project and as to whether the appellee is entitled to its "service...

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