CITY OF MIAMI v. OLBACK, INC.

No. 61-64.

133 So.2d 657 (1961)

CITY OF MIAMI, a municipal corporation existing under and by virtue of the laws of the State of Florida and Southeast Title & Insurance Company, successor to Southeastern Surety Company, a surety company, Appellants, v. OLBACK, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida. Third District.

October 23, 1961.


Attorney(s) appearing for the Case

Edward J. Fitzpatrick, Acting City Atty., and Jack R. Rice, Jr., Asst. City Atty., Moore & Moore, Miami, for appellants.

Daniel Neal Heller, Dean, Adams, Fischer & Gautier, Miami, for appellee.

Before PEARSON, TILLMAN, C.J., and HORTON and BARKDULL, JJ.


PER CURIAM.

The defendants who were also cross-claimants in an action for a declaratory decree, appeal a decree declaring that the plaintiff, Olback, Inc., was not liable for the paving of a street even though it is the successor of a subdivider who undertook to pave the street.

The interest of the city is not apparent, inasmuch as the street was paved by the surety upon the bond provided by the subdivider. The finding of the chancellor that the surety acted...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases