DISTRICT SCHOOL BOARD OF DESOTO COUNTY, APPELLANT,
v.
SAFECO INSURANCE COMPANY, APPELLEE
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PER CURIAM.
Affirmed. See City of Miami Beach v. Fidelity & Deposit Co. of Maryland, 425 So. 2d 648 (Fla. 3d DCA 1983); Florida Board of Regents v. Fidelity & Deposit Co. of Maryland, 416 So. 2d 30 (Fla. 5th DCA 1982). Under the natural meaning of “performance of the labor” in section 255.05(2), Florida Statutes (1973), a certificate of substantial completion and the acceptance of a constructed building by the owner begins the one-year statute of limitations period provided by section 255.05(2) for actions against the surety on the bond. If the legislature had intended that the existence of latent defects in the building would toll the beginning of that naturally-understood statute of limitations period as to actions against the surety, we must presume that the legislature would have said so as it did in section 95.11(3)(c), Florida Statutes (1981), relating to actions on the design, planning or construction of an improvement to real property.
RYDER, A.C.J., and CAMPBELL and LEHAN, JJ., concur.
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Bd. of Cnty. Comm'rs of Polk Cnty. v. The AETNA Cas. & Sur. Co. & Barton Malow Co., 604 So. 2d 850 (Fla. 2d DCA 1992)…section 255.-05(2), Florida Statutes (1983). The trial court correctly determined that the one-year statute of limitations is applicable when latent defects are the subject of claims against a prime contractor. Dist. School Bd. v. Safeco Ins. Co., 434 So. 2d 38 (Fla. 2d DCA 1983). On that point we affirm. We hold, however, that the trial court erred in granting Aet-na’s motion to dismiss because the counterclaim does not show on its face a statute of limitations violation. The original complaint was filed…
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The Sch. Bd. OF Volusia Cnty. v. Fid. Co. OF Md., 468 So. 2d 431 (Fla. 5th DCA 1985)…parties did not address this issue, but it is not material to our decision. . Florida Board of Regents v. Fidelity & Deposit Company of Maryland, 416 So. 2d 30 (Fla. 5th DCA 1982); District School Board of Desoto County v. Safeco Insurance Company, 434 So. 2d 38 (Fla. 2d DCA 1983).…
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Nw., Inc. v. Ward Land Clearing & Drainage, Inc., 500 So. 2d 615 (Fla. 1st DCA 1986)…gainst the contractor or the surety on the bond must be filed within one year “from the [*619] performance of the labor or completion of delivery of the materials or supplies.”5 In District School Board of DeSoto County v. Safeco Insurance Company, 434 So. 2d 38, 39 (Fla. 2d DCA 1983), the court said: Under the natural meaning of “performance of the labor” in section 255.05(2), Florida Statutes ..., a certificate of substantial completion and the acceptance of a constructed building by the owner begins the…
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- Ulysses Jones v. State, 416 So. 2d 30 (Fla. 5th DCA 1982)
- City OF Miami Beach v. Fid. & Deposit Co. of Md., 425 So. 2d 648 (Fla. 3d DCA 1983)