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CHINO ELEC., INC. v. U.S. FIDELITY & GUAR. CO.

No. 90-1480.

578 So.2d 320 (1991)

CHINO ELECTRIC, INC., Appellant, v. UNITED STATES FIDELITY & GUARANTY CO., and Danny Williams, Appellees.

District Court of Appeal of Florida, Third District.

March 26, 1991.

Attorney(s) appearing for the Case

Paul Morris, Coral Gables, for appellant.

Judith Kazer Lamet and David L. Swimmer, Miami, for appellees.

Before HUBBART, BASKIN and GODERICH, JJ.

HUBBART, Judge.

This is an appeal by the plaintiff Chino Electric, Inc. from a final order dismissing with prejudice its complaint for fraudulent misrepresentation. The central issue presented for review is whether a false statement, made by the agent of a surety company to a potential claimant, that the time for filing a claim against the bond had expired under the terms of said bond — constitutes a misrepresentation of fact or a misrepresentation of legal...

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