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CENTEX-RODGERS CONSTRUCTION COMPANY v. HENSEL PHELPS CONSTRUCTION CO.

No. 91-755.

591 So.2d 1117 (1992)

CENTEX-RODGERS CONSTRUCTION COMPANY, a foreign corporation, Seaboard Surety Company, an insurance corporation, St. Paul Fire and Marine Insurance Company, an insurance corporation and National Union Fire Insurance Company, an insurance corporation, Appellants, v. HENSEL PHELPS CONSTRUCTION CO., a/k/a Phelps Constructors, Inc., d/b/a Clearwater Constructors, Merit Masonry Division, a foreign corporation, Appellee.

District Court of Appeal of Florida, First District.

January 6, 1992.

Attorney(s) appearing for the Case

James E. Glass and Paul M. Woodson of James E. Glass Associates, Miami, for appellants.

Thomas R. Ray of Caven, Clark, Ray & Tucker, P.A., Jacksonville, for appellee.

JOANOS, Chief Judge.

Centex-Rodgers Construction Company appeals a non-final order denying its motion to dismiss or transfer venue of the action from Duval County Circuit Court to Broward County Circuit Court. The issue for our review is whether service on a foreign corporation and its surety is perfected through service on the Insurance Commissioner's office, as agent of the surety. We affirm.

Centex-Rodgers was the general contractor, and Hensel Phelps was...

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