KELLY

v.

CUEVAS

Citator

Cited By

• Zupnik Haverland, L.L.C. v. Current Builders OF Fla., Inc., 7 So. 3d 1132 (Fla. 4th DCA 2009)
  …tated that “there are no steadfast rules to apply to determine if work constitutes a ‘final furnishing’; rather, the lower courts are to apply the Aronson test.” Michnal v. Palm Coast Dev., Inc., 842 So. 2d 927, 933 (Fla. 4th DCA 2003), rev. denied, 882 So. 2d 385 (Fla.2004) (citing Aronson v. Keating, 386 So. 2d 822 (Fla. 4th DCA 1980)). The parking lot work fulfilled the elements of the Aronson test in that it was done (1) in good faith, (2) within a reasonable time, (3) in pursuance of the terms of the con…
• DELTA Fire Sprinklers, Inc. v. Onebeacon Ins. Co., 937 So. 2d 695 (Fla. 5th DCA 2006)
  …ther thé work was done in good faith, within a reasonable time, and in pursuance of the terms of the contract, and whether it was necessary to a “finished job.” See Michnal v. Palm Coast Dev., Inc., 842 So. 2d 927 (Fla. 4th DCA 2003), review denied, 882 So. 2d 385 (Fla.2004). As the Michnal court noted pointedly, there are “no steadfast rules to apply in making this determination.” See Harvesters Group, Inc. v. Westinghouse Elec. Corp., 527 So. 2d 257, 259 (Fla. 3d DCA), review denied, 536 So. 2d 246 (Fla.198…
• Michnal v. Palm Coast Dev., Inc., 904 So. 2d 632 (Fla. 4th DCA 2005)
  …appeal, this court affirmed the lien foreclosure, reversed the breach of contract claim, in part, for remittitur, and reversed the attorneys’ fees award, in part. See Michnal v. Palm Coast Dev., Inc., 842 So. 2d 927 (Fla. 4th DCA 2003), rev. denied, 882 So. 2d 385 (Fla.2004). On remand, a successor trial judge entered the final judgment under review here. We agree with Michnal that it was error for the successor trial judge to enter judgment on remand without first verifying the rate used by the predecessor…