Dist. Sch. Bd. of Desoto Cty. v. Safeco Ins. Co., 434 So. 2d 38 (Fla. 2d DCA 1983). · Go Syfert
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Dist. Sch. Bd. of Desoto Cty. v. Safeco Ins. Co., 434 So. 2d 38 (Fla. 2d DCA 1983). Cases Citing This Book View Copy Cite
10 citation events across 2 distinct courts.
Strongest positive: Southwest Florida Retirement Center, Inc. v. Federal Insurance Co. (fladistctapp, 1996-10-09)
Top citers, strongest first. 4 distinct citers.
discussed Cited as authority (rule) Southwest Florida Retirement Center, Inc. v. Federal Insurance Co.
Fla. Dist. Ct. App. · 1996 · confidence medium
Co., 434 So.2d 38, 39 (Fla. 2d DCA 1983) (“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).”).
discussed Cited as authority (rule) SOUTHWEST FLA. RETIREMENT CTR., INC. v. Fed. Ins. Co.
Fla. Dist. Ct. App. · 1996 · confidence medium
Co., 434 So.2d 38, 39 (Fla. 2d DCA 1983) ("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).").
discussed Cited as authority (rule) Baldwin Carpet Linoleum & Carpet, Inc. v. Builders, Inc.
Neb. Ct. App. · 1994 · confidence medium
Co., 434 So. 2d 38, 39 (Fla. App. 1983) (construing Fla. Stat. ch. 255.05(2) (1973) 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”).
discussed Cited as authority (rule) Northwestern, Inc. v. Ward Land Clearing & Drainage, Inc.
Fla. Dist. Ct. App. · 1986 · confidence medium
Section 255.05(2), Florida Statutes (1983) 4 requires that an action instituted against the contractor or the surety on the bond must be filed within one year “from the performance of the labor or completion of delivery of the materials or supplies.” 5 In District School Board of DeSoto County v. Safeco Insurance Company, 434 So.2d 38, 39 (Fla. 2d DCA 1983), the court said: Under the natural meaning of “performance of the labor” in section 255.05(2), Florida Statutes ..., a certificate of substantial completion and the acceptance of a constructed building by the owner begins the one-ye…
DISTRICT SCHOOL BOARD OF DESOTO COUNTY, Appellant,
v.
SAFECO INSURANCE COMPANY, Appellee.
82-2644.
District Court of Appeal of Florida, Second District.
Jul 8, 1983.
434 So. 2d 38
Per Curiam.
Cited by 9 opinions  |  Published

[*39] 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.

PER CURIAM.

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.