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PALM BEACH COUNTY v. SAVAGE CONST.

No. 92-3525.

627 So.2d 1332 (1993)

PALM BEACH COUNTY, Appellant, v. SAVAGE CONSTRUCTION CORP., Wausau Underwriters Insurance Company, and Employers Insurance of Wausau, a Mutual Company, Appellees.

District Court of Appeal of Florida, Fourth District.

December 15, 1993.

Attorney(s) appearing for the Case

Patti A. Velasquez, West Palm Beach, for appellant.

Franklin L. Hileman of David R. Elder, P.A., Coconut Grove, for appellees.

HERSEY, Judge.

In an action on a payment and performance bond, appellant, Palm Beach County, sued appellee, Wausau Underwriters Insurance as the surety. The actual surety on the bond was Employers Insurance of Wausau, a Mutual Company. Before appellant learned of its error the statute of limitations had expired. The trial court refused to rule that an amended complaint containing the proper name of the surety related back to the original filing. The issue is whether...

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