Gray v. Standard Dredging Co.

This case is before us now on petition for rehearing on the opinion and judgment filed herein on March 14, 1933. In that opinion we said:

“There is -but one theory upon which the complainant could hope to recover in this suit and that is upon the theory that the so-called trust fund doctrine applies in Florida and this Court has repeatedly held that it does not. See Wheeler v. Mathews, 70 Fla. 317, 70 Sou. 416; Guaranty Trust & Savings Bank v. U. S. Trust Co., 89 Fla. 324, 103 Sou. 620.”

It is contended by the petitioner that Section 43 of Chapter 10096, Acts of 1925, being Section 6569 C. G.…