BROWARD COUNTY, APPELLANT,
v.
INTERNATIONAL FIDELITY INSURANCE, VINCENT W. GERARDI AND ANN GERARDI, APPELLEES

Fla. 4th DCA | 2003-01-22
No. 4D01-4999
WARNER, SHAHOOD and TAYLOR, JJ., concur.
835 So. 2d 1211 Florida District Court of Appeal, Fourth District (2003) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse the order of the circuit court canceling the bonds and discharging the surety where the surety failed to produce the defendants at court proceedings as ordered. See Bush v. Int’l Fid. Ins. Co., 834 So. 2d 212(Fla. 4th DCA 2002); Wiley v. State, 451 So. 2d 916 (Fla. 1st DCA 1984).

REVERSED.

WARNER, SHAHOOD and TAYLOR, JJ., concur.

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    …stands alone in this state, there have been no contrary cases, and it appears that the reasoning of Gatins has been followed by both the Third and Fourth District Courts of Appeal. See BMAB E. Tower, Inc. v. Testwell Craig Labs. & Consultants, Inc., 835 So. 2d 1211, 1211 (Fla. 3d DCA 2003) (citing Gatins and holding that "appellant's amended complaint against ap-pellees is not barred by the statute of limitations because it relates back to the date of filing of the fourth-party complaint”); McKee v. Fort Laude…
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    …568, 568 (Fla. 3d DCA 1984) (Pearson, J. concurring) (“The introductory signal to the cases cited in this per curiam affirmance should not be construed as our approval of Gatins ....”); BMAB E. Tower, Inc. v. Testwell Craig Lab. & Consultants, Inc., 835 So. 2d 1211 (Fla. 3d DCA 2003) (no discussion of facts); McKee v. Fort Lauderdale Produce Co., Inc., 503 So. 2d 412 (Fla. 4th DCA 1987) (Stone, J. dissenting) (“Although I concur in the result reached in Gatins, in my view it is not applicable here.”). This co…

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