Logan Construction Co. v. Warren Bros. Construction Co.

District Court of Appeal of Florida

Logan Construction Co. v. Warren Bros. Construction Co.

257 So. 2d 52, 1972 Fla. App. LEXIS 7312

CourtDistrict Court of Appeal of Florida

DecidedJanuary 18, 1972

DocketNo. O-448

StatusPublished

Cited by1 cases

This text of 257 So. 2d 52 (Logan Construction Co. v. Warren Bros. Construction Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Logan Construction Co. v. Warren Bros. Construction Co., 257 So. 2d 52, 1972 Fla. App. LEXIS 7312 (Fla. Ct. App. 1972).

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Opinions

JOHNSON, Judge.

Appellant, a general contractor, appeals from an adverse final summary judgment wherein the appellee was awarded $2,787.89.

Without going into the factual situation involved herein, it is sufficient to state appellant’s point on appeal to be as follows: Can an unpaid materialman recover a money judgment against the general contractor for materials delivered to a subcontractor ?

We do not feel that the trial court erred as a matter of law in entering a money judgment against the appellant general contractor. Statutes of a remedial nature, such as the Mechanic’s Lien Statute, should be liberally construed to advance the remedy intended. Pools by Tropicana, Inc. v. Swan, 167 So.2d 775 (Fla.App.2nd, 1964). Also see Canada Dry Bottling Company v. Meekins, Inc. of Dade County, 219 So.2d 439 (Fla.App.3rd, 1969).

Accordingly, the judgment appealed herein is affirmed.

SPECTOR, C. J., concurs. RAWLS, J., dissents.

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