Gulfside Supply, Inc. v. Fred Curtis, Inc.

RYDER, Chief Judge.

Fred Curtis, Inc. (Curtis) was the general contractor for the construction of the Lincoln Gardens Office Complex, and Earl Benjamin & Company (Benjamin) was the roofing subcontractor. Curtis terminated Benjamin when Benjamin failed to diligently perform. The subcontract provided that any balance remaining after its completion was to be paid over to Benjamin.

Gulfside Supply, Inc. (Gulfside), a roofing supplier, obtained a judgment against Benjamin for sums due for roofing materials. A writ of garnishment was issued to Curtis seeking any monies that Curtis owed to Benjamin.

At…