Kleinman v. Bal Harbour Towers, Inc.

This cause is before us on petition and cross-petition for writ of certiorari to review a decision1 certified by the District Court of Appeal, Third District, as passing on a question of great public interest, “because it involves a question of practice in the State of Florida.” The question for determination is: If the owner of property elects to transfer a mechanic’s lien to bond, pursuant to the provisions of Florida Stat*831ute § 84.24(2), F.S.A. (1961)2, does the lienor, if successful in establishing in equity his right to payment, have the right to go directly against the surety or must he…