CARTER SAND COMPANY, INC., A CORPORATION, APPELLANT (PLAINTIFF),
v.
BAYMEADOWS, INC., A CORPORATION, ET AL., APPELLEES (DEFENDANTS)
CARTER SAND COMPANY, INC., A CORPORATION, APPELLANT (PLAINTIFF),
BAYMEADOWS, INC., A CORPORATION, ET AL., APPELLEES (DEFENDANTS)
320 So. 2d 14
Florida District Court of Appeal, First District (1975)
Negative Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Upon considering the briefs, record and oral argument, we find no reversible error. A materialman who is in privity only with a subcontractor must give notice of furnishing materials and services to the owner before the subcontractor has been paid in full in order to participate in a progress or final payment. Crane Company v. Fine, 221 So. 2d 145 (Fla. 1969).
Accordingly, the final judgment is affirmed.
MILLS, Acting C. J., and WADDELL, Tom, Jr., and MELVIN, Woodrow M., Associate Judges, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Tuttle/White Constructors, Inc. v. Hughes Supply, Inc., 371 So. 2d 559 (Fla. 4th DCA 1979)…id in full in order to participate in a progress or a final payment. (Emphasis added.) The emphasized portion of the supreme court’s opinion in Fine was relied upon by the First District Court of Appeal in Carter Sand Co., Inc. v. Baymeadows, Inc., 320 So. 2d 14 (Fla. 1st DCA 1975), in holding that failure of a materialman to give notice to the owner before the subcontractor had been paid in full prevented the material-man’s participation in a progress or final payment. However, to hold that materialmen su…
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MacINTYRE v. Marcelo Torres, 358 So. 2d 101 (Fla. 3d DCA 1978)…ense that there is no fund under the holding in Crane Co. v. Fine, supra, to which the plaintiff-lienor’s claim can attach. Cf. Alton Towers, Inc. v. Coplan Pipe & Supply Co., 262 So. 2d 671 (Fla.1972); Carter Sand Company, Inc. v. Baymeadows, Inc., 320 So. 2d 14 (Fla. 1st DCA 1975). The final judgment of foreclosure of lien is reversed upon the failure of the plaintiff, Marcelo Torres, to bring himself within the purview of the doctrine announced in Crane Co. v. Fine, 221 So. 2d 145 (Fla.1969); and Melnick…
Authorities Cited
- Crane Co. v. Fine, 221 So. 2d 145 (Fla. 1969)