William H. Gulsby, Inc. v. Miller Const. Co., Inc., of Leesburg, 77-177

Decision Date04 November 1977
Docket NumberNo. 77-177,77-177
Citation351 So.2d 396
CourtFlorida District Court of Appeals

Christy F. Harris, Lakeland, for appellant.

George H. Russ of Rantson E. Davis, P.A., Leesburg, for appellees.

RYDER, Judge.

Appellant, William H. Gulsby, seeks a money judgment of $10,317.14 against appellees/defendants Miller Construction Company, Inc., of Leesburg and the American Insurance Company pursuant to bond provisions in Section 255.05, Florida Statutes (1975). Appellant alleged that appellee Miller was the general contractor for the construction of the Southwest Florida Water Management District headquarters at Brooksville and that appellee American Insurance Company was the surety for the construction of said project. Appellant further alleged that it had supplied labor and materials to several of appellee Miller's subcontractors and that Miller failed to disburse contract funds properly to its subcontractors or failed to insure proper disbursement to appellant Gulsby by its subcontractors.

Appellees filed a motion to dismiss, raising the issue of appellant's remoteness as a sub-sub-sub-subcontractor in connection with the construction project and asserting that the Florida courts have construed Section 255.05 to provide protection only to claimants furnishing materials or labor to the contractor or his subcontractor and have refused to extend the protection to others more remote.

After the hearing, the trial court entered an order finding appellant a sub-sub-sub-subcontractor, that appellant was too remote and ordered the appellant's complaint dismissed with prejudice 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 order.

We agree and affirm.

It is apparent from the attachments to the complaint, that appellant Gulsby is, in fact, a sub-sub-sub-subcontractor. We are not unmindful of our own decision in Hey Kiley Man, Inc. v. Azalea Gardens Apartments, 333 So.2d 48 (Fla.2d DCA 1976), but distinguish that case in this proceeding. Hey Kiley Man, Inc. was an action to foreclose a mechanics' lien filed pursuant to the mechanics' lien statute, Section 713.01-.36, Florida Statutes, 1975. In that case, this court discussed, at length, the various amendments made by the Florida state legislature in the mechanics' lien law and concluded that certain changes within the mechanics' lien law included anyone not in privity with the owner...

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6 cases
  • Coastal Caisson Drill Co., Inc. v. American Cas. Co. of Reading, Pa.
    • United States
    • Florida District Court of Appeals
    • 22 April 1988
    ...to private work and that of the public construction bond issued pursuant to section 255.05. William H. Gulsby, Inc. v. Miller Construction Company, Inc., 351 So.2d 396, 397 (Fla. 2d DCA 1977). Moreover, because the legislature has already delineated certain exemptions, the waiver of rights ......
  • American Home Assur. v. PLAZA MATERIALS
    • United States
    • Florida Supreme Court
    • 7 July 2005
    ...Co. of Reading, Pa., 523 So.2d 791, 793 (Fla. 2d DCA 1988), approved, 542 So.2d 957 (Fla.1989); William H. Gulsby, Inc. v. Miller Const. Inc., of Leesburg, 351 So.2d 396, 397 (Fla. 2d DCA 1977). Additionally, however, the statute at issue was also designed to afford protection to both the s......
  • Miami-Dade Water and Sewer Authority v. Progress Supply, Inc.
    • United States
    • Florida District Court of Appeals
    • 30 September 1980
    ...Thermal Acoustic Corp. v. Miller Construction Co. of Leesburg, 355 So.2d 1258 (Fla.2d DCA 1978); William 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......
  • Trustees, Florida West Coast Trowel Trades Pension Fund v. Quality Concrete Co., Inc.
    • United States
    • Florida District Court of Appeals
    • 11 July 1980
    ...motion and dismissed the complaint with prejudice as to appellee on the authority of William H. Gulsby, Inc. v. Miller Construction Co., Inc. of Leesburg, 351 So.2d 396 (Fla. 2d DCA 1977), and J. W. Bateson Co., Inc. v. United States ex rel. Board of Trustees of the National Automatic Sprin......
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