WMS CONST., INC. v. PALM SPRINGS MILE ASSOC., LTD.

No. 3D99-2047.

762 So.2d 973 (2000)

WMS CONSTRUCTION, INC., Appellant, v. PALM SPRINGS MILE ASSOCIATES, LTD. and North American Specialty Insurance Company, Appellees.

District Court of Appeal of Florida, Third District.

May 31, 2000.


Attorney(s) appearing for the Case

Frese, Nash & Torpy and Lisa L. Hogreve (Melbourne); Akerman, Senterfitt & Eidson and Kimberly A. Ashby, Orlando, for appellant.

Zarco & Pardo and Elissa Gainsburg, Miami, for appellees.

Before LEVY, FLETCHER, and RAMIREZ, JJ.


FLETCHER, Judge.

WMS Construction, Inc. [Subcontractor] appeals a final summary judgment determining that it failed to comply with a mandatory notice provision of the Construction Lien Law, chapter 713, part I, Florida Statutes (1997), thus is precluded from seeking recovery for labor and materials it supplied to Palm Springs Mile Associates, Inc. [Owner]. The controlling question is whether the payment bond issued to Noland Construction, Inc. [General Contractor...

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