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COASTAL CAISSON DRILL v. AMER. CAS. CO.

No. 87-783.

523 So.2d 791 (1988)

COASTAL CAISSON DRILL CO., INC., Appellant, v. AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, Appellee.

District Court of Appeal of Florida, Second District.

April 22, 1988.

Attorney(s) appearing for the Case

Donald E. Hemke of Carlton, Fields, Ward, Emmanuel, Smith, Cutler & Kent, P.A., Tallahassee, and Alan B. Sundberg of Carlton, Fields, Ward, Emmanuel, Smith, Cutler & Kent, P.A., Tampa, for appellant.

Joseph W. Lawrence, II and Patricia Hart Malono of Cummings & Lawrence, P.A., Tallahassee, for appellee.

THREADGILL, Judge.

Coastal Caisson Drill Company (Coastal) appeals the dismissal with prejudice of its claim against American Casualty Company (American) on a payment and performance bond issued pursuant to sections 255.05 and 337.18, Florida Statutes (1985). The trial court dismissed the claim after finding that Coastal had waived its rights to the bond in an agreement with the prime contractor. We reverse, finding the...

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