Barnett First National Bank of Jacksonville v. Fidelity & Deposit Co. of Maryland

SPECTOR, Judge.

The plaintiff has appealed a final order granting defendant’s motion to dismiss an action against the appellee surety company for damages allegedly sustained as a result of the actions of appellee’s principal, a mobile home dealer who had assigned two separate conditional sales contracts to the *12appellant on the same house trailer. Put differently, the dealer sold a contract to the bank on one trailer twice.

Appellant’s action is bottomed on the contention that it is entitled to recover from the surety bond filed by appellee with the Department of Motor Vehicles in behalf of the…