Nova Casualty Co. v. Turner Construction Co.

SUBSTITUTE OPINION ON REHEARING

ADELE HEDGES, Chief Justice.

We deny appellant’s motion for rehearing en banc as moot, withdraw our opinion of January 11, 2011, and issue this substitute opinion on rehearing. In this performance bond dispute, Nova Casualty Company (“Nova”), the surety, challenges the summary judgment granted in favor of Turner Construction Company (“Turner”), the surety bond obligee. In three issues, Nova asserts that the trial court erred by (1) granting summary judgment because Turner failed to terminate the obligor, Box or Container Automation, Inc. (“BOCA”), from the…