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NOLAN CONTRACTING, INC. v. NICKSON

No. 89-00304.

544 So.2d 1082 (1989)

NOLAN CONTRACTING, INC., Petitioner, v. Charles G. NICKSON, American Condominium Corporation of Texas, Tom W. Bennett, and Southern Land Corporation, Respondents.

District Court of Appeal of Florida, Second District.

June 9, 1989.

Attorney(s) appearing for the Case

Maxwell G. Battle, Jr. of Maxwell G. Battle, Jr., P.A., Dunedin, for petitioner.

Stanford R. Solomon of Rudnick & Wolfe, Tampa, for respondents.

PER CURIAM.

We quash that part of the trial court's order which denied petitioner's motion for a change or substitution of surety, filed pursuant to section 713.24(3), Florida Statutes (1987). We conclude that the trial court departed from the essential requirements of law in denying petitioner's motion in light of the fact that the surety, which provided the "transfer" bond posted by respondents to protect their real property from the claim of lien filed by petitioner...

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