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MIDTOWN ENTERPRISES, INC. v. LOCAL CONTRACTORS, INC.

No. 99-1476.

750 So.2d 683 (1999)

MIDTOWN ENTERPRISES, INC., Appellant, v. LOCAL CONTRACTORS, INC., and Gulf Insurance Company, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 26, 2000.

Attorney(s) appearing for the Case

Elder, Kurzman & Vaccarella and Vincent F. Vaccarella, Miami, for appellant.

Hollander & Bartelstone and Howard J. Hollander for appellees.

Before NESBITT, COPE, and SORONDO, JJ.

NESBITT, J.

A bondholder appeals the summary judgment denying its claim against a payment bond. We affirm the order under review.

Bondholder Midtown Enterprises Inc. filed a two count complaint against contractor, Local Contractors Incorporated (LCI), and insurance company, Gulf Insurance Company (Gulf). Count I alleged breach of contract against LCI. Count II alleged the breach of a section 713.23 payment bond against principal, LCI, and surety, Gulf, for...

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