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C.A. OAKES CONST. v. AJAX PAVING INDUS.

No. 94-01502.

652 So.2d 914 (1995)

C.A. OAKES CONSTRUCTION COMPANY, INC., and United States Fidelity & Guaranty Company, Appellants, v. AJAX PAVING INDUSTRIES, INC., Appellee.

District Court of Appeal of Florida, Second District.

March 29, 1995.

Attorney(s) appearing for the Case

Clifton C. Curry, Jr., and Kenneth R. Mathews of Curry & Associates, P.A., Brandon, for appellants.

Stuart Jay Levine and Conrad J. Lazo of Brown Clark & Walters, P.A., Sarasota, for appellee.

DANAHY, Acting Chief Judge.

In this appeal we review a final judgment in favor of a paving subcontractor against the general contractor's surety who provided the payment and performance bond. We reverse because we find that the trial court erred in denying the surety leave to amend its pleadings prior to trial.

Appellee, Ajax Paving Industries [Ajax], was a sub-subcontractor for asphalt paving work on the parking...

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