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E.E. DEAN SNAVELY, INC. v. WEATHERKING, INC.

No. 76-751.

343 So.2d 58 (1977)

E.E. DEAN SNAVELY, INC., and the American Insurance Company, Appellants, v. WEATHERKING, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

February 25, 1977.

Attorney(s) appearing for the Case

Alan B. Fields, Jr. and Tito S. Smith, Dowda, Hedstrom & Fields, Palatka, for appellants.

Jules S. Cohen, P.A., Orlando, for appellee.

SCHWARTZ, ALAN, R., Associate Judge.

The plaintiff-appellee, a materialman not in privity with the general contractor, secured a summary judgment for the full amount of his claim, against the surety on a performance bond posted by the general contractor under F.S. § 713.23, notwithstanding the plaintiff's admitted failure to give timely notice to the owner as required by F.S. § 713.06(2). We reverse.

The statutory provision in question, F.S. §...

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