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IN RE McINTOSH

Bankruptcy No. 03-12484-8W7, Adversary No. 03-671.

320 B.R. 22 (2005)

In re Bruce Alfred McINTOSH and Catherine Stewart Mcintosh, Debtors. Fidelity and Deposit Company of Maryland, Plaintiff, v. Bruce Alfred Mcintosh, Defendant.

United States Bankruptcy Court, M.D. Florida, Tampa Division.

January 31, 2005.

Attorney(s) appearing for the Case

Kurt E. Davis, Esquire, Stichter, Riedel, Blain & Prosser, P.A., Tampa, FL, for defendant, Mcintosh.

Luis Martinez-Monfort, Esquire, Mills Paskert Divers, P.A., Tampa, FL, for plaintiff, Bond Surety.

FINAL JUDGEMENT AND MEMRANDUM DECISION IN FAVOR OF DEFENDANT BRUCE A. MCINTOSH

MICHAEL G. WILLIAMSON, Bankruptcy Judge.

Under Florida law, a trust relationship may be created imposing fiduciary duties on a construction company's principal for the benefit of its bond surety. The fiduciary duties prohibit the principals of the construction company from using the proceeds from bonded jobs for improper purposes. In this case, faced with the imminent financial...

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