AMERICAN HOME ASSURANCE COMPANY, APPELLANT,
v.
LARKIN GENERAL HOSPITAL, LTD., ETC., APPELLEES
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PER CURIAM.
Affirmed. Arbor Club of Boca Raton, Inc. v. Omega Constr. Co., 565 So. 2d 357 (Fla. 4th DCA 1990); St. Paul Fire & Marine Ins. Co. v. Woolley/Sweeney Hotel No. 5, 545 So. 2d 958 (Fla. 4th DCA), review denied, 553 So. 2d 1166 (Fla.1989); see Fewox v. McMerit Constr. Co., 556 So. 2d 419 (Fla. 2d DCA 1989); Kidder Elec. of Fla., Inc. v. United States Fidelity & Guar. Co., 530 So. 2d 475 (Fla. 5th DCA 1988).
While our decision herein is in accordance with the Fourth District Court of Appeal’s decisions in Arbor Club, 565 So. 2d at 357 and Woolley/Sweeney, 545 So. 2d at 958, inasmuch as both cases held, as we do, that a surety on a performance bond can be held liable for delay damages due the property owner under a construction contract, we certify conflict with the First District Court of Appeal’s decision in United States Fidelity & Guar. Co. v. Gulf Florida Dev. Corp., 365 So. 2d 748 (Fla. 1st DCA 1978), which held to the contrary.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Am. Home Assurance Co. v. Larkin Gen. Hosp., Ltd., 593 So. 2d 195 (Fla. 1992)…McDONALD, Justice. We have for review American Home Assurance Co. v. Larkin General Hospital, Ltd., 571 So. 2d 124 (Fla. 3d DCA 1990), in which the district court certified direct conflict with United States Fidelity & Guaranty Co. v. Gulf Florida Development Corp., 365 So. 2d 748 (Fla. 1st DCA 1978).1 The issue is whether a surety on a performance bond can be h…
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The Sw. Fla. Ret. Ctr., Inc. v. Fed. Ins. Co., 682 So. 2d 1130 (Fla. 2d DCA 1996)…kin II), to support its conclusion. I contend that a careful reading of Larkin II supports the conclusion I have reached. Larkin II involved the examination of three district court cases: American Home Assurance Co. v. Larkin General Hospital, Ltd., 571 So. 2d 124 (Fla. 3d DCA 1990) {Larkin I); Arbor Club of Boca Raton, Inc., Ltd. v. Omega Construction Co., Inc., 565 So. 2d 357 (Fla. 4th DCA), review dismissed, 576 So. 2d 294 (Fla.1990); and United States Fidelity & Guaranty Co. v. Gulf Florida Development Co…1 / 2
Authorities Cited
- Fewox v. McMERIT Constr. Co., 556 So. 2d 419 (Fla. 2d DCA 1989)
- United States Fid. & Guar. Co. & Chapman & Sons, Inc. v. Gulf Fla. Dev. Corp., 365 So. 2d 748 (Fla. 1st DCA 1978)
- ST. Paul Fire & Marine Ins. Co. v. Woolley/Sweeney Hotel # 5 & Hometels Constr. Corp., 545 So. 2d 958 (Fla. 4th DCA 1989)
- Barreto v. State, 530 So. 2d 475 (Fla. 5th DCA 1988)
- The Arbor Club OF Boca Raton, Inc., Ltd. v. Omega Constr. Co., Inc., 565 So. 2d 357 (Fla. 4th DCA 1990)