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PAVEX CORP. v. BROWARD CTY. BD. OF CTY. COM'RS.

No. 4-86-0500.

498 So.2d 1317 (1986)

PAVEX CORPORATION, Appellant, v. BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 16, 1987.

Attorney(s) appearing for the Case

Ronald E. Dobelstein, Miami, for appellant.

Susan F. Delegal, General Counsel for Broward County, and Sharon P. Miller, Asst. Gen. Counsel, Fort Lauderdale, for appellee.

STONE, Judge.

The appellant was a materialman-subcontractor on various Broward County street projects. The prime contractor filed bankruptcy proceedings. Normally, appellant would simply recover the sums due from the contractor by claiming against the surety under section 255.05, Florida Statutes (1985). However, the surety in this case is in liquidation and is possibly insolvent. Appellant sued the County seeking recovery out of funds owed by the County to the contractor...

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