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FEDERAL INS. CO. v. EXEL OF ORLANDO, INC.

No. 95-2856.

685 So.2d 896 (1996)

FEDERAL INSURANCE COMPANY, Appellant, v. EXEL OF ORLANDO, INC., d/b/a Plasterwalls, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 8, 1997.

Attorney(s) appearing for the Case

Peter A. Robertson and Kyle E. Petteway of Peter A. Robertson and Associates, P.A., Gainesville, for Appellant.

Lawrence J. Phalin and Ben W. Subin of Mateer & Harbert, P.A., Orlando, for Appellee.

DAUKSCH, Judge.

This is an appeal from a final judgment. We reverse because we determine appellee's complaint was not timely filed.

The School Board of Polk County awarded M.M. Parrish Construction Company the contract to build George H. Jenkins High School. Acting as a surety to Parrish, appellant issued a payment bond for the project pursuant to section 255.05, Florida Statutes. Parrish hired various subcontractors including appellee to work on the project...

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