FLAMINGO APARTMENTS v. PAINTRITE CO.


48 So.2d 523 (1950)

FLAMINGO APARTMENTS, Inc., et al. v. PAINTRITE CO., Inc.

Supreme Court of Florida, en Banc.

November 7, 1950.


Attorney(s) appearing for the Case

Irving F. Kalback and Roland J. Lavelle, Miami, for petitioners.

Boyce F. Ezell, Jr., Miami, for respondent.


PER CURIAM.

The bill having failed to show that any amounts were due on the general contract by the owner to the general contractor, Sections 84.02 and 84.04, Florida Statutes 1941, and F.S.A., and the relationship of the sub-contractor to the owner not having been sufficiently alleged, the order on the motion to dismiss was erroneous.

So the petition for certiorari is granted and the order is quashed, with directions to dismiss the bill unless it be amended...

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