Florida Board of Regents v. Fidelity & Deposit Co. of Maryland

DAUKSCH, Chief Judge.

This is an appeal from a summary judgment in an insurance contract case. The appellant seeks to hold the appellee responsible under a payment and performance bond for alleged latent defects which were first noticed after the statute of limitations for suit under the bond had expired. Because the statute of limitations had obviously expired, the trial court entered the summary judgment. Section 255.05, Florida Statutes (1965), is the applicable statute of limitations.1

We affirm the summary judgment not only because the lawsuit was not filed until after the statute of…