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GARRIDO v. NATIONAL UNION FIRE INS. CO.

No. 4D03-2460.

891 So.2d 1091 (2004)

Reinaldo GARRIDO d/b/a R.G. Mechanical Services, Appellant, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA; JMAC of South Florida, Inc.; and Jorge Banos, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 9, 2005.

Attorney(s) appearing for the Case

Brian A. Wolf of Smith, Currie & Hancock LLP, Fort Lauderdale, and S. Elysha Luken of Smith, Currie & Hancock LLP, Tallahassee, for appellant.

Robert A. Bauman of Robert E. Morris, P.A., Tampa, for Appellee-National Union Fire Insurance Company of Pittsburgh, PA.

Andrew T. Trailor of Burger, Trailor & Farmer, P.A., Miami, for Appellees-JMAC of South Florida, Inc. and Jorge Banos.

STONE, J.

We reverse a judgment on the pleadings entered in Broward County in favor of National Union, surety on a conditional payment bond arising out of a Dade County construction project.

Garrido, a subcontractor, filed a claim of lien against the property in Dade County. The owner then filed a notice of bond, issued pursuant to section 713.245, Florida Statutes. When National Union refused to pay, Garrido filed suit in Broward, where National Union's representatives...

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