Florida District Courts of Appeal, 1979

Quality Glass & Mirror, Inc. v. Ritch

Florida District Courts of Appeal · Decided August 9, 1979 · No. MM-337 · Mills, Shivers, Smith

373 So. 2d 723; 1979 Fla. App. LEXIS 15418 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

National Fire Ins. Co. v. LJ Clark Const. Co., Inc. (Fla. Dist. Ct. App. 1991)
Florida Keys Comm. Coll. v. Ins. Co. of North Am. (Fla. Dist. Ct. App. 1984)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The trial court granted summary judgment for appellees Ritch and United States Fidelity and Guaranty Corporation on the ground that their performance and payment bond was a statutory bond pursuant to Section 255.05, Florida Statutes (1977), and that appellant, plaintiff below, filed his complaint alleging nonpayment for materials after the statutory one year limitation period on actions had expired. We hold that even though this bond contained provisions not required by Section 255.05, the bond must be considered statutory and not common law, which would be subject to a longer limitation period, because the bond *724did not expand the payment provisions beyond those stated in Section 255.05.

AFFIRMED.

MILLS, C. J., and ROBERT P. SMITH, Jr. and SHIVERS, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.