Cohen v. Lunsford

MILLS, Judge.

These consolidated interlocutory appeals are from orders denying appellants’ (owners’) motions for summary judgment in suits by appellee (subcontractor) to foreclose mechanic’s liens on owners’ two oceanfront motels.

Owners contend the trial court erred because the general contractor on the two projects furnished statutory payment bonds to owners under Section 713.23, Florida Statutes (1975), which exempted them from liability to subcontractor under Section 713.02(6), Florida Statutes (1975). Subcontractor contends the trial court properly denied the motions because the bonds…