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Sunshine State Elec. v. Const. Mgmt

District Court of Appeal of Florida, Fourth District
Aug 24, 1988
529 So. 2d 832 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-2831.

August 24, 1988.

Appeal from the Circuit Court for Broward County; Robert C. Scott, Judge.

Robert Paul Vignola of Marko Stephany, Fort Lauderdale, for appellant.

James O. Murphy, Jr., of Byrd and Murphy, Fort Lauderdale, for appellee-Fidelity and Deposit Co. of Maryland.


The trial court entered final judgment dismissing plaintiff's complaint with prejudice because it appeared upon its face that a statute of limitations had run. The performance and payment bond, however, a copy of which was furnished by amendment to the complaint, indicates such may not be the case. Accordingly, it was error to dismiss with prejudice.

We reverse and remand.

GLICKSTEIN and DELL, JJ., and COOK, JACK H., Associate Judge, concur.


Summaries of

Sunshine State Elec. v. Const. Mgmt

District Court of Appeal of Florida, Fourth District
Aug 24, 1988
529 So. 2d 832 (Fla. Dist. Ct. App. 1988)
Case details for

Sunshine State Elec. v. Const. Mgmt

Case Details

Full title:SUNSHINE STATE ELECTRIC OF SOUTH FLORIDA, INC., A FLORIDA CORPORATION…

Court:District Court of Appeal of Florida, Fourth District

Date published: Aug 24, 1988

Citations

529 So. 2d 832 (Fla. Dist. Ct. App. 1988)