From Casetext: Smarter Legal Research

Dist Sch. Bd. of Desoto v. Safeco Ins. Co.

District Court of Appeal of Florida, Second District
Jul 8, 1983
434 So. 2d 38 (Fla. Dist. Ct. App. 1983)

Summary

construing Fla. Stat. ch. 255.05 and holding that "a certificate of substantial completion and the acceptance of a constructed building by the owner [start the running of the statute of limitations] for actions against the surety on the bond"

Summary of this case from Baldwin Carpet v. Builders, Inc.

Opinion

No. 82-2644.

July 8, 1983.

Appeal from the Circuit Court, Desoto County, James S. Parker, J.

Wayne C. Hall of Dickenson, O'Riorden, Gibbons, Quale, Shields Carlton, P.A., Venice, for appellant.

Ronald W. Sikes of Ronald W. Sikes, P.A., Titusville, and Justin R. Lumley of Stolba, Lumley Dillinger, P.A., St. Petersburg, for appellee.


Affirmed. See City of Miami Beach v. Fidelity Deposit Co. of Maryland, 425 So.2d 648 (Fla. 3d DCA 1983); Florida Board of Regents v. Fidelity Deposit Co. of Maryland, 416 So.2d 30 (Fla. 5th DCA 1982). Under the natural meaning of "performance of the labor" in section 255.05(2), Florida Statutes (1973), a certificate of substantial completion and the acceptance of a constructed building by the owner begins the one-year statute of limitations period provided by section 255.05(2) for actions against the surety on the bond. If the legislature had intended that the existence of latent defects in the building would toll the beginning of that naturally-understood statute of limitations period as to actions against the surety, we must presume that the legislature would have said so as it did in section 95.11(3)(c), Florida Statutes (1981), relating to actions on the design, planning or construction of an improvement to real property.

RYDER, A.C.J., and CAMPBELL and LEHAN, JJ., concur.


Summaries of

Dist Sch. Bd. of Desoto v. Safeco Ins. Co.

District Court of Appeal of Florida, Second District
Jul 8, 1983
434 So. 2d 38 (Fla. Dist. Ct. App. 1983)

construing Fla. Stat. ch. 255.05 and holding that "a certificate of substantial completion and the acceptance of a constructed building by the owner [start the running of the statute of limitations] for actions against the surety on the bond"

Summary of this case from Baldwin Carpet v. Builders, Inc.
Case details for

Dist Sch. Bd. of Desoto v. Safeco Ins. Co.

Case Details

Full title:DISTRICT SCHOOL BOARD OF DESOTO COUNTY, APPELLANT, v. SAFECO INSURANCE…

Court:District Court of Appeal of Florida, Second District

Date published: Jul 8, 1983

Citations

434 So. 2d 38 (Fla. Dist. Ct. App. 1983)

Citing Cases

City of Fort Pierce v. Shannon R. Ginn Construction Co.

We affirm the trial court's final summary judgment, which was based on the court's determination the City's…

Southwest Fla. Retire. v. Fed. Ins. Co.

468 So.2d at 433. See also District Sch. Bd. of DeSoto County v. Safeco Ins. Co., 434 So.2d 38, 39 (Fla. 2d…