Legal Opinion

North Broward Hospital District ex rel. Southern Insulation Corp. v. Lee

District Court of Appeal of Florida

Decided June 17, 1966No. 5726PublishedCited by 4 opinions

1Opinion of the Court

SMITH, SHERMAN N., Jr., Associate Judge.

In City of Fort Lauderdale v. Hardrives Company, Fla.App. 1964, 167 So.2d 339, we held that a materialman of a sub-subcontractor is not within the coverage of a public works bond furnished by a contractor under Section 255.05, Fla.Stats. F.S.A.1 In the course of our opinion we inadvertently indicated that a sub-subcontractor also is not within the coverage of the act.2 In reliance upon our opinion the court below dismissed the appellant’s action on such a bond solely because it was a sub-subcontractor. Since we now conclude that sub-subcontractors who…

2Cases cited4 opinions

  1. Clifford F. MacEvoy Co. v. United States Ex Rel. Calvin Tomkins Co.Supreme Court of the United States · 1944
  2. E. E. Elmer, D/B/A Mississippi Testing Laboratories v. United States Fidelity & Guaranty CompanyCourt of Appeals for the Fifth Circuit · 1960
  3. City of Fort Lauderdale v. Hardrives CompanyDistrict Court of Appeal of Florida · 1964
  4. Board of Public Instruction v. Rood Const. Co.District Court of Appeal of Florida · 1964

3Cited by4 opinions

  1. Southwest Florida Water Management District ex rel. Thermal Acoustic Corp. v. Miller Construction Co.District Court of Appeal of Florida · 1978
  2. William H. Gulsby Inc. v. Miller Const. Co.District Court of Appeal of Florida · 1977
  3. SW Fla. Water Mgt. Dist. v. MILLER CONST CO.District Court of Appeal of Florida · 1978
  4. Miami-Dade Water & Sewer Authority v. Progress Supply, Inc.District Court of Appeal of Florida · 1980

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