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L.M. DUNCAN & SONS v. CITY OF CLEARWATER

No. 66951.

478 So.2d 816 (1985)

L.M. DUNCAN & SONS, INC., Appellant, v. CITY OF CLEARWATER, Florida, a Municipal Corporation, Appellee.

Supreme Court of Florida.

November 14, 1985.

Attorney(s) appearing for the Case

Donald Bulleit and Nelly N. Khouzam of Fowler, White, Gillen, Boggs, Villareal & Banker, St. Petersburg, for appellant.

Alan S. Zimmet, Asst. City Atty., Clearwater, and Thomas A. Bustin, Gainesville, for appellee.

SHAW, Justice.

We have before us City of Clearwater v. L.M. Duncan & Sons, Inc., 466 So.2d 1116 (Fla. 2d DCA 1985), holding section 440.11(1), Florida Statutes (1983), unconstitutional as applied to the City of Clearwater (the City) in this case. We have jurisdiction pursuant to article V, section 3(b)(1), Florida Constitution, and we affirm.

The City hired L.M. Duncan, Inc. (Duncan) to perform construction on...

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