FERRIS A. FRENCH, APPELLANT,
v.
THE SCHOOL BOARD OF POLK COUNTY, APPELLEE
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The appellate court reviewed a trial court's dismissal of a county's counterclaim against a surety company on a public construction bond, with the dissent arguing the statute of limitations barred the claim.
The dissenting opinion argued that the statute of limitations barred the county's claim against the surety because the claim was filed more than one year after the substantial completion date of the construction project.
The Board of County Commissioners of Polk County sued Aetna Casualty & Surety Company, the surety for Barton Malow Company, on a public construction b…
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HALL, Judge.
We affirm the final order of the school board based on its finding that the transfer of French was a lateral transfer under the terms of the multiyear employment contract.
We therefore do not find it necessary to reach the other issues raised by the appellant, except to note that the school board’s rejection of the hearing officer’s finding of failure to prove misconduct, coupled with the school board’s alternative finding that the appellant’s performance was less than satisfactory, is not supported by the record and was error. Affirmed.
SCHOONOVER, C.J., and CURRY, CHARLES B., Associate Judge, concur.