Heinz Paving & Asphalt Co. v. United States Fidelity & Guaranty Co.

DOWNEY, Chief Judge.

Appellant sued appellee to recover a sum of money allegedly owed to appellant for labor and materials furnished by appellant for construction of a public building in Ft. Lauderdale, Florida. Appellee is the surety on a performance bond furnished pursuant to Section 255.05, Florida Statutes (1975). The trial court sustained a motion to dismiss appellant’s complaint and granted appellant 20 days to amend. Instead of amending said complaint appellant filed a new suit alleging virtually the same cause of action but adding therein a new date for services rendered by appellant…