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MORETRENCH AMERICAN CORP. v. TAYLOR WOODROW CONST. CORP.

No. 89-03058.

565 So.2d 861 (1990)

MORETRENCH AMERICAN CORPORATION, Appellant, v. TAYLOR WOODROW CONSTRUCTION CORPORATION and American Home Assurance Company, Appellee.

District Court of Appeal of Florida, Second District.

August 10, 1990.

Attorney(s) appearing for the Case

Claire L. Hamner of Dickinson, O'Riorden, Gibbons, Quale, Shields & Carlton, P.A., Sarasota, for appellant.

J. Frazier Carraway and E. Jeanne Maguire of Stagg, Hardy, Ferguson, Murnaghan & Mathews, P.A., Tampa, for appellees.

LEHAN, Judge.

In this suit against a general contractor and its surety for a debt owed for the rental of equipment furnished by appellant to a subcontractor on the job we affirm the trial court's dismissal with prejudice of count one of appellant's complaint which sought recovery against the surety. The appellant's notice to the general contractor of delivery of the equipment and of nonpayment therefor was not delivered...

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