AVERY WISDOM, PETITIONER,
v.
THE HONORABLE VIRGIL CONKLING, CIRCUIT COURT JUDGE, EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA, AND DR. EDWARD SWAN, RESPONDENTS
AVERY WISDOM, PETITIONER,
THE HONORABLE VIRGIL CONKLING, CIRCUIT COURT JUDGE, EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA, AND DR. EDWARD SWAN, RESPONDENTS
373 So. 2d 391
Florida District Court of Appeal, Fourth District (1979)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
The petition for writ of certiorari is denied without prejudice to petitioner to raise the same issue in the pending plenary appeal.
ANSTEAD, DAUKSCH and MOORE, JJ., concur.
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Travelers Indem. Co. v. Nat'l Gypsum Co., 394 So. 2d 481 (Fla. 3d DCA 1981)…to notify, within a certain period, any two of the group comprised of the owner, the contractor, and the surety. It is agreed that such notice was not given. Appellant urges that, by reference to Balboa Insurance Co. v. Alpha Electric Supply, Inc., 373 So. 2d 391 (Fla. 1st DCA 1979), and W. F. Thompson Construction Co. v. Southeastern Palm Beach County Hospital District, 174 So. 2d 410 (Fla. 3d DCA), cert. denied 180 So. 2d 659 (Fla. 1965), we must find that the notice requirement was a condition precedent t…1 / 3