WILLIAM F. HOBBS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Affirmed. There is no evidence that any pending investigation of the witness went to the heart of appellant’s defense or arose out of the same criminal episode giving rise to the charges against appellant. Fulton v. State, 335 So. 2d 280 (Fla.1976); Chavers v. State, 380 So. 2d 1180 (Fla. 5th DCA 1980), cert. denied, 388 So. 2d 1118 (Fla.1980).
We find the cases cited by appellant inapplicable to the facts of this case as the witness had not been acting as an undercover officer in the defendant’s home, Sarmiento v. State, 371 So. 2d 1047 (Fla. 3d DCA 1979), or as paid informant, Blanco v. State, 353 So. 2d 602 (Fla. 3d DCA 1977); Crespo v. State, 344 So. 2d 601 (Fla. 3d DCA 1977); and there is no issue of entrapment or attempted bribery of the witness, Stripling v. State, 349 So. 2d 187 (Fla. 3d DCA 1977), cert. denied, 359 So. 2d 1220 (Fla.1978).
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Preferred Nat'l Ins. Co. v. Nichols, 682 So. 2d 585 (Fla. 1st DCA 1996)…itor, surety, or contractor in the business of entering into contracts of insurance or of annuity.” See First National Bank of Miami v. Insurance Company of North America, 535 F. 2d 284 (5th Cir.1976); Financial Indemnity Co. v. Steele & Sons, Inc., 403 So. 2d 600 (Fla. 4th DCA 1981). We AFFIRM the trial court’s determination that appellee is entitled to an award of attorney fees to be paid by appellant, but we find that section 744.357 explicitly limits the liability of the surety to the penal sum of the bo…
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U.S. Fire Ins. Co. & Universal Mobility, Inc. v. Sheffield Steel Prods., Inc., 533 So. 2d 781 (Fla. 5th DCA 1988)…exceed the penal amount of the bond. The surety is additionally liable for attorney’s fees by way of statute, section 627.-428(1), Florida Statutes (1987), independent of the language of the bond. See Financial Indemnity Co. v. Steele & Sons, Inc., 403 So. 2d 600 (Fla. 4th DCA 1981). U. S. Fire Insurance Company’s motion for clarification is denied. SHARP, C.J., and DAUKSCH and ORFINGER, JJ., concur.…
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Trans Coastal Roofing Co., Inc. v. David Boland Inc., 309 F.3d 758 (11th Cir. 2002)…, 602 So. 2d 528, 531 (Fla.1992). Section 627.428 applies to sureties as well as underwriters of renewable insurance policies. Nichols v. Preferred National Insurance Co., 704 So. 2d 1371, 1374 (Fla.1997); Financial Indem. Co. v. Steele & Sons, 403 So. 2d 600, 601-02 (Fla. 4th Dist.Ct.App.1981) (applying provision to subcontractor’s surety); see also First National Bank of Miami v. Insurance Co. of North America, 535 F. 2d 284, 286 (5th Cir.1976). The district court, relying on Nichols v. Preferred Na…
Authorities Cited
- Fulton v. State, 335 So. 2d 280 (Fla. 1976)
- Stripling v. State, 349 So. 2d 187 (Fla. 3d DCA 1977)
- Sarmiento v. State, 371 So. 2d 1047 (Fla. 3d DCA 1979)
- Blanco v. State, 353 So. 2d 602 (Fla. 3d DCA 1977)
- Chavers v. State, 380 So. 2d 1180 (Fla. 5th DCA 1980)
- Artemio Crespo v. State, 344 So. 2d 601 (Fla. 3d DCA 1977)