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BURKE CO. v. BRUCE M. ROSS CO.

No. 90-3577.

585 So.2d 382 (1991)

The BURKE COMPANY, a Florida Corporation, Appellant, v. BRUCE M. ROSS COMPANY, a Florida Corporation; Taylor Woodrow Construction Corporation, a Florida Corporation; and American Home Assurance Co., a New York Corporation, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied October 4, 1991.

Attorney(s) appearing for the Case

Charles V. Choyce, Jr. of Cofer & Beauchamp, Atlanta, Stephen A. Hould of Jensen & Hould, Jacksonville Beach, for appellant.

Margaret D. Mathews and Frazier F. Carraway of Stagg, Hardy, Ferguson, Murnaghan & Mathews, P.A., Tampa, for appellees.

WENTWORTH, Senior Judge.

This is an appeal from a summary judgment for appellees holding that section 255.05, Florida Statutes, requires that notice of nonpayment be given within 90 days from last physical delivery of rental equipment, rather than from last use of the rental equipment, for purposes of recovery under the public construction payment bond. We reverse and certify conflict with Moretrench American Corporation v. Taylor Woodrow Construction Corporation...

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