Legal Opinion · Dissent

Stock Building Supply of Florida, Inc. v. Soares Da Costa Construction Services, LLC

District Court of Appeal of Florida

Decided October 5, 2011No. 3D10-928Published

1DissentSchwartz, Senior Judge

In my judgment(a) no notice to contractor was even required in the circumstances under section 713.23(l)(c), because the lienor and the contractor, in every real sense, shared a “common identity” and were therefore in “privity” with each other. See Aetna Cas. And Sur. Co. v. Buck, 594 So.2d 280 (Fla.1992);(b) assuming otherwise, both the “first” September 12, 2005 preliminary notice and(c) the March 28, 2006, “second” notice, although it was not necessary, satisfied any such requirement.

With respect, I believe the Court’s analysis to the contrary embodies a super technical approach to the…

2Cases cited6 opinions

  1. Aetna Cas. and Sur. Co. v. BuckSupreme Court of Florida · 1992
  2. Stunkel v. Gazebo Landscaping Design, Inc.Supreme Court of Florida · 1995
  3. SAM RODGERS PROPERTIES, INC. v. ChmuraDistrict Court of Appeal of Florida · 2011
  4. WMS Const., Inc. v. Palm Springs Mile Assoc., Ltd.District Court of Appeal of Florida · 2000
  5. Centex-Winston Corp. v. CROWN PAINTDistrict Court of Appeal of Florida · 1974

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