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LEXON INS. CO. v. CITY OF CAPE CORAL

Case No. 2D16-1533.

238 So.3d 356 (2017)

LEXON INSURANCE COMPANY, Appellant, v. CITY OF CAPE CORAL, Florida; and Coco of Cape Coral, LLC, Appellees.

District Court of Appeal of Florida, Second District.

Opinion filed November 29, 2017.

Attorney(s) appearing for the Case

John H. Pelzer of Greenspoon Marder, P.A., Fort Lauderdale; Victor Kline of Greenspoon Marder, Orlando; Robert E. Ferencik, Jr. and Laura A. Baker of Ferencik Libanoff Brandt Bustamante and Goldstein, P.A., Fort Lauderdale; and Bruce L. Maas of Harris Beach PLLC, Pittsford, New York, for Appellant.

Edmond E. Koester and Alex R. Figares of Coleman, Yovanovich & Koester, P.A., Naples, for Appellee Coco of Cape Coral, LLC.

E.A. "Seth" Mills, Jr. and S. Jordan Miller of Mills Paskert Divers P.A., Tampa, for Amicus Curiae The Surety and Fidelity Association of America.

Debbie Sines Crockett of Cheffy Passidomo, P.A., Tampa; and Lisha Bowen of Lisha Bowen, P.A., Tampa, for Amicus Curiae United Policyholders.

No appearance for remaining Appellee.

Lexon Insurance Company appeals a final judgment entered in favor of Coco of Cape Coral, LLC (Coco), in Coco's action for breach of $7.7 million surety bond contracts in connection with the development of a subdivision in Cape Coral, Florida, by Priority Developers, Inc. (Priority). On appeal, Lexon argues, among other things, that...

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