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BEACH POINT CONDOMINIUM v. BEACH POINT

No. 84-2562.

480 So.2d 239 (1985)

BEACH POINT CONDOMINIUM ASSOCIATION, INC., Appellant, v. BEACH POINT CORPORATION, a Florida Corporation, H.J. Ross Associates, Inc., Etc., H.S. Hicks Construction Company of Palm Beach, Etc., and the Lawrence Group Chartered Architects & Planners, Inc., Etc., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

December 31, 1985.

Attorney(s) appearing for the Case

Vladimir R. Martinez and Richard L. Martens of Boose, Cicklin, Martens & Lubitz, West Palm Beach, for appellant.

Larry Klein of Klein & Beranek, P.A. and Easley Massa & Willits, West Palm Beach, for appellees.

PER CURIAM.

We affirm the decision of the trial court holding that a condominium association was not a third party beneficiary on a payment and performance bond secured by the general contractor in favor of the original owner-developer of the condominium. American Surety Company of New York v. Smith, 100 Fla. 1012, 130 So. 440 (1930). Although the association's creation may have been foreseen, it appears that the association was not even in existence at the...

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