North Broward Hospital Dist. v. Crosewell

Decision Date17 June 1966
Docket NumberNo. 5726,5726
Citation188 So.2d 54
PartiesNORTH BROWARD HOSPITAL DISTRICT, for the Use and Benefit of Southern Insulation Corp., a Florida corporation, Appellant, v. C. Lee and Lynn CROSEWELL, d/b/a Arko Welding, and Fidelity and Deposit Co. of Maryland, a corporation, Appellees.
CourtFlorida District Court of Appeals

Kenneth G. Stevens, of Dale & Stevens, Fort Lauderdale, for appellant.

William H. Jobes, Jr., of Dixon, DeJarnette, Bradford, Williams, McKay & Kimbrell, Miami, for appellee Fidelity & Deposit Co. of Maryland.

No appearance for appellees C. Lee and Lynn Crosewell, d/b/a Arko Welding.

SMITH, SHERMAN N., Jr., Associate Judge.

In City of Fort Lauderdale v. Hardrives Company, Fla.App.1964, 167 So.2d 339, we held that a materialman of a sub-subcontractor is not within the coverage of a public works bond furnished by a contractor under Section 255.05, Fla.Stats. F.S.A. 1 In the course of our opinion we inadvertently indicated that a sub-subcontractor also is not within the coverage of the act. 2 In reliance upon our opinion the court below dismissed the appellant's action on such a bond solely because it was a sub-subcontractor. Since we now conclude that sub-subcontractors who comply with the act are entitled to recover on such a bond, 3 we expressly recede from so much of our prior opinion as expresses a contrary conclusion. We leave unchanged our prior decision as to materialmen of sub-subcontractors.

Reversed.

SHANNON, Acting C.J., and DYKES, ROGER F., Associate Judge, concur.

2 Statements which equate sub-subcontractors with materialmen of sub-subcontractors appear in the fourth, fifth and final paragraphs of our opinion.

3 Referring to the federal Miller Act, upon which our act is based, the Supreme Court of the United States made the following statements in the leading case on the subject:

Footnote 5 of the Supreme Court's opinion is as follows:

"A sub-subcontractor may avail himself of the protection of the bond by giving written notice to the contractor, but that is as far as the bill goes. It is not felt that more remote relationships ought to come within the purview of the bond.' H.Rep. No. 1263 (74th Cong.1st Sess.) p. 3.'

See also Elmer v. United States Fidelity & Guaranty Company, 5 Cir. 1960, 275 F.2d 89, 90: 'Since the appellant was not a sub-contractor within the meaning of the Miller Act and did not have a direct...

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3 cases
  • Miami-Dade Water and Sewer Authority v. Progress Supply, Inc.
    • United States
    • Florida District Court of Appeals
    • 30 Septiembre 1980
    ...H. Gulsby, Inc. v. Miller Construction Co. of Leesburg, 351 So.2d 396 (Fla.2d DCA 1977); North Broward Hospital District ex rel. Southern Insulation Corp. v. Crosewell, 188 So.2d 54 (Fla.2d DCA 1966); City of Fort Lauderdale ex rel. Bond Plumbing Supply, Inc. v. Hardrives Co., 167 So.2d 339......
  • Southwest Florida Water Management Dist., for Use and Benefit of Thermol Acoustic Corp. v. Miller Const. Co., Inc. of Leesburg, 77-1060
    • United States
    • Florida District Court of Appeals
    • 10 Marzo 1978
    ...William H. Gulsby, Inc. v. Miller Construction Co., 351 So.2d 396 (Fla. 2d DCA 1977); North Broward Hospital District ex rel. Southern Insulation Corp. v. Crosewell, 188 So.2d 54 (Fla. 2d DCA 1966). Since the instant bond obviously enlarged upon the statutory language, it provided a broader......
  • William H. Gulsby, Inc. v. Miller Const. Co., Inc., of Leesburg, 77-177
    • United States
    • Florida District Court of Appeals
    • 4 Noviembre 1977
    ...citing our decisions in City of Fort Lauderdale v. Hardrives Company, 167 So.2d 339 (Fla.2d DCA 1964) and North Broward Hospital District v. Crosewell, 188 So.2d 54 (Fla.2d DCA 1966). This appeal follows from the entry of said We agree and affirm. It is apparent from the attachments to the ......
1 books & journal articles

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