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MURSTEN CONST. CO. v. C.E.S. INDUSTRIES, INC.

No. 91-1219.

588 So.2d 1061 (1991)

MURSTEN CONSTRUCTION COMPANY and Fidelity and Deposit Company of Maryland, Appellants, v. C.E.S. INDUSTRIES, INC., d/b/a Consolidated Electric Supply, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 17, 1991.

Attorney(s) appearing for the Case

Leiby, Ferencik & Libanoff and Larry R. Leiby, Miami, for appellants.

Wright, Fulford, Moorhead & Wittek and Timothy R. Moorhead, Orlando, for appellee.

Before NESBITT, FERGUSON and COPE, JJ.

PER CURIAM.

Mursten Construction Company and Fidelity and Deposit Company of Maryland, defendants below, appeal a summary final judgment in favor of plaintiff, C.E.S. Industries, Inc. We reverse.

Mursten Construction Company was the general contractor hired to erect improvements to real property owned by Saint Andrews Episcopal Church, Inc., the owner of the real property. The general contractor obtained a payment bond from Fidelity and Deposit Company of...

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