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SUNSHINE STATE ELEC., S. FLA., INC. v. CONST. MGMT. & DESIGN CO.

No. 87-2831.

529 So.2d 832 (1988)

SUNSHINE STATE ELECTRIC OF SOUTH FLORIDA, INC., a Florida Corporation, Appellant, v. CONSTRUCTION MANAGEMENT & DESIGN CO., a Florida Corporation; and Fidelity and Deposit Company of Maryland; and the City of Cooper City, Florida, a Municipal Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

August 24, 1988.

Attorney(s) appearing for the Case

Robert Paul Vignola of Marko & Stephany, Fort Lauderdale, for appellant.

James O. Murphy, Jr., of Byrd and Murphy, Fort Lauderdale, for appellee-Fidelity and Deposit Co. of Maryland.

PER CURIAM.

The trial court entered final judgment dismissing plaintiff's complaint with prejudice because it appeared upon its face that a statute of limitations had run. The performance and payment bond, however, a copy of which was furnished by amendment to the complaint, indicates such may not be the case. Accordingly, it was error to dismiss with prejudice.

We reverse and remand.

GLICKSTEIN and DELL...

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