Indemnity Ins. Co. of North America v. Brooks-Fisher Insulating Co., BROOKS-FISHER
| Court | Florida District Court of Appeals |
| Writing for the Court | KANNER; SHANNON, C. J., and WHITE |
| Citation | 140 So.2d 613 |
| Parties | INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Appellant, v. TheINSULATING COMPANY, Appellee. |
| Decision Date | 18 April 1962 |
| Docket Number | BROOKS-FISHER,No. 2477 |
Page 613
v.
The BROOKS-FISHER INSULATING COMPANY, Appellee.
Rehearing Denied May 15, 1962.
Joseph F. Jennings of Dixon, De Jarnette, Bradford, Williams, McKay & Kimbrell, Miami, for appellant.
Jose A. Gonzalez, Jr., of Watson, Hubert & Sousley, Ft. Lauderdale, for appellee.
KANNER, Judge.
Plaintiff, a materialman, was by final summary judgment declared to be entitled under his contract to compensation for labor and material furnished to a subcontractor in connection with construction of a public school for the Broward County
Page 614
Board of Public Instruction. Section 255.05, Florida Statutes, F.S.A., had been advanced as authority for the claim. Defendant corporation, surety on the performance and payment bond, pleaded generally that it was not indebted to plaintiff and raised with particularity a contention that plaintiff was barred by the one year statute of limitations added to section 255.05 through legislative amendment which had become effective August 4, 1959. See Chapter 59-491, Section 1, Laws of Florida 1959.The portion of the amendment pertinent to this appeal reads as follows:
'* * * No action or suit shall be instituted or prosecuted against the contractor or against the surety on the bond required in this section after one year from the performance of the labor or completion of delivery of the materials and supplies.'
Plaintiff furnished the final item of labor and materials on December 17, 1958, but the complaint setting the suit in motion was not filed until February 22, 1960. Final summary judgment for plaintiff was ordered on January 26, 1961, and recorded on March 8, 1961.
Defendant, appealing from the summary judgment, advances but one point; it argues that plaintiff by failing to file suit within the one year period provided by the amendment to section 255.05 is barred from instituting or prosecuting any action upon the claim against defendant. Plaintiff appellee, controverting this position, states that the issue devolves into one of statutory construction, and asserts that the question presented concerns whether the legislative intent was that the one year limitation should operate retroactively. Pointing out that no reference was made in the amendment to the causes of action then existing, plaintiff asserts that under these circumstances, by the established...
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In re Am. Suzuki Motor Corp., No. 8:12–bk–22808–SC.
...695 (Fla.1978); Seddon v. Harpster, 403 So.2d 409 (Fla.1981); [494 B.R. 479]Indemnity Insurance Company v. Brooks–Fisher Insulating Co., 140 So.2d 613 (2 D.C.A. Fla., 1962). See generally 82 C.J.S. Statutes § 414. As stated in Heberle v. P.R.O. Liquidating Company, 186 So.2d 280, 282 (1 D.C......
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Trustees of Tufts College v. Triple R. Ranch, Inc., Nos. 41535
...ex rel. Riverside Bank v. Green, 101 So.2d 805 (Fla.1958), Indemnity Insurance Co. of North America v. Brooks-Fisher Insulating Co., 140 So.2d 613 (Fla.App.1962), Schonfield v. City of Coral Gables, 174 So.2d 453, Fla.App., cert. disch., 183 So.2d 682, Fla., Heberle v. P.R.O. Liquidating Co......
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In re Am. Suzuki Motor Corp., Case No.: 8:12-bk-22808-SC
...361 So.2d 695 (Fla. 1978); Seddon v. Harpster, 403 So.2d 409 (Fla. 1981); Indemnity Insurance Company v. Brooks-Fisher Insulating Co., 140 So.2d 613 (2 D.C.A. Fla., 1962). See generally 82 C.J.S. Statutes § 414. As stated in Heberle v. P.R.O. Liquidating Company, 186 So.2d 280, 282 (1 D.C.A......
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Walker & LaBerge, Inc. v. Halligan, No. 49056
...H.K.L. Realty Corp. v. Kirtley, 74 So.2d 876 (Fla.1954); Indemnity Insurance Co. of N. America v. The Brooks-Fisher Insulating Co., 140 So.2d 613 (Fla.2d DCA 1962). We have recently had the opportunity to reiterate this rule in the cases of Foley v. Morris, 339 So.2d 215 (Fla.1976), and Fle......
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In re Am. Suzuki Motor Corp., No. 8:12–bk–22808–SC.
...695 (Fla.1978); Seddon v. Harpster, 403 So.2d 409 (Fla.1981); [494 B.R. 479]Indemnity Insurance Company v. Brooks–Fisher Insulating Co., 140 So.2d 613 (2 D.C.A. Fla., 1962). See generally 82 C.J.S. Statutes § 414. As stated in Heberle v. P.R.O. Liquidating Company, 186 So.2d 280, 282 (1 D.C......
-
Trustees of Tufts College v. Triple R. Ranch, Inc., Nos. 41535
...ex rel. Riverside Bank v. Green, 101 So.2d 805 (Fla.1958), Indemnity Insurance Co. of North America v. Brooks-Fisher Insulating Co., 140 So.2d 613 (Fla.App.1962), Schonfield v. City of Coral Gables, 174 So.2d 453, Fla.App., cert. disch., 183 So.2d 682, Fla., Heberle v. P.R.O. Liquidating Co......
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In re Am. Suzuki Motor Corp., Case No.: 8:12-bk-22808-SC
...361 So.2d 695 (Fla. 1978); Seddon v. Harpster, 403 So.2d 409 (Fla. 1981); Indemnity Insurance Company v. Brooks-Fisher Insulating Co., 140 So.2d 613 (2 D.C.A. Fla., 1962). See generally 82 C.J.S. Statutes § 414. As stated in Heberle v. P.R.O. Liquidating Company, 186 So.2d 280, 282 (1 D.C.A......
-
Walker & LaBerge, Inc. v. Halligan, No. 49056
...H.K.L. Realty Corp. v. Kirtley, 74 So.2d 876 (Fla.1954); Indemnity Insurance Co. of N. America v. The Brooks-Fisher Insulating Co., 140 So.2d 613 (Fla.2d DCA 1962). We have recently had the opportunity to reiterate this rule in the cases of Foley v. Morris, 339 So.2d 215 (Fla.1976), and Fle......