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OHIO CAS. INS. CO. v. MRK CONST., INC.

No. 91-01712.

602 So.2d 976 (1992)

OHIO CASUALTY INSURANCE COMPANY, Appellant, v. MRK CONSTRUCTION, INC., Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied August 20, 1992.

Attorney(s) appearing for the Case

Dan B. Guernsey of Welbaum, Zook & Jones, Miami, for appellant.

Clifton C. Curry, Jr., and Joseph Dato, Jr., of Law Offices of Curry & Associates, P.A., Brandon, for appellee.

SCHOONOVER, Judge.

The appellant, Ohio Casualty Insurance Company, challenges a final judgment awarding the appellee, MRK Construction, Inc., $45,662.34 together with interest, costs, and attorney's fees. We reverse and remand for a new trial.

Klosterman Kommons Associates, Ltd. and Dentmon & Kelly, a general contractor, entered into a contract for the construction of a warehouse on Klosterman Kommons' property. The appellant was the surety on a payment...

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