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APAC-FLORIDA v. ONEBEACON INS. CO.

No. 3D04-1394.

888 So.2d 126 (2004)

APAC-FLORIDA, INC., Appellant, v. ONEBEACON INSURANCE COMPANY, INC., Appellee.

District Court of Appeal of Florida, Third District.

November 24, 2004.

Attorney(s) appearing for the Case

Dunlap, Toole, Shipman Whitney and Dana G. Toole, Tallahassee, for appellant.

Leiby, Taylor, Stearns, Linkhorst and Roberts and Kevin J. Taylor, Plantation, for appellee.

Before COPE and GODERICH, JJ., and NESBITT Senior Judge.

PER CURIAM.

Apac-Florida, Inc. appeals an adverse summary judgment in its action against a payment bond. We conclude that the action is not time-barred, and remand for further proceedings.

The question presented is whether the appellee surety may rely on the shortened statute of limitations for a bond issued under section 255.05, Florida Statutes (1997), where the bond was not filed in the public records as required...

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