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OLD REPUBLIC SUR. CO. v. REISCHMANN

No. 97-02760.

713 So.2d 434 (1998)

OLD REPUBLIC SURETY COMPANY, Appellant, v. William E. REISCHMANN, as Personal Representative of the Estate of George W. Toupin, Deceased, Appellee.

District Court of Appeal of Florida, Second District.

June 3, 1998.

Attorney(s) appearing for the Case

David T. Knight and Marie A. Borland of Hill, Ward & Henderson, P.A., Tampa, for Appellant.

Patricia J. Kelly of Harris, Barrett, Mann & Dew, St. Petersburg, for Appellee.

PARKER, Chief Judge.

Old Republic Surety Company (Old Republic) appeals the probate court's judgment awarding attorneys' fees and costs against it in favor of the estate of George W. Toupin, deceased, arguing that its liability as surety should have been limited to the penal sum of its bond. We affirm in accordance with Nichols v. Preferred National Insurance Co., 704 So.2d 1371 (Fla.1997).

In 1990, the probate court...

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