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BOARD OF CTY. COMMR. v. AETNA CAS.

No. 91-02973.

604 So.2d 850 (1992)

BOARD OF COUNTY COMMISSIONERS OF POLK COUNTY, FLORIDA, Appellant, v. The AETNA CASUALTY & SURETY COMPANY and Barton Malow Company, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 21, 1992.

Attorney(s) appearing for the Case

Robert L. Trohn and Charles T. Canady of Lane, Trohn, Clarke, Bertrand & Williams, P.A., Lakeland, for appellant.

John W. Frost, II, of Frost & Dale, P.A., Bartow, Ronald S. Holliday of Dykema Gossett, Tampa, for appellee, Aetna Cas. & Sur. Co.

No appearance for appellee, Barton Malow Co.

BLUE, Judge.

The Board of County Commissioners of Polk County (Polk) appeals the trial court's granting of The Aetna Casualty and Surety Company's (Aetna) motion to dismiss count IV of Polk's counterclaim.1 Aetna's motion alleged a statute of limitations defense based on a bond provision that limited liability to one year according to section 255.05(2), Florida Statutes (1983).

The trial court correctly determined that the one...

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