NATIONAL FIRE INS. OF HARTFORD v. FORTUNE CONST.

No. 01-15124.

320 F.3d 1260 (2003)

NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, Plaintiff-Counter-Defendant-Appellee, v. FORTUNE CONSTRUCTION COMPANY, Defendant-Counter-Claimant-Third-Party-Plaintiff-Appellant, Arkin Construction Company, Inc., Third-Party-Defendant.

United States Court of Appeals, Eleventh Circuit.

February 7, 2003.


Attorney(s) appearing for the Case

W. Frank Greenleaf, Welbaum, Guernsey, Hingston, Greenleaf & Gregory, LLP, Coral Gables, FL, for Fortune Constr. Co.

Michael A. Piscitelli, Vezina, Lawrence & Piscitelli, P.A., Fort Lauderdale, FL, for National Fire Ins. Co.

Before TJOFLAT and KRAVITCH, Circuit Judges, and VINSON, District Judge.


VINSON, District Judge:

The primary issue presented by this appeal is whether a surety on construction contract performance and payment bonds issued on behalf of a subcontractor has superior rights to retained contract balances in the possession of the general contractor when the general contractor completed the performance and has unsatisfied claims against the defaulting subcontractor.

I. BACKGROUND

This case arises out of two construction projects...

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