A & E Electric Co. v. North American Specialty Insurance Co.
A & E Electric Co. v. North American Specialty Insurance Co.
Opinion of the Court
In 1992, Tampa Power Corporation, as general contractor, entered into a contract with Agrico Chemical Company to install a 69 KV transmission line for Agrico in Polk County. Tampa Power subcontracted the labor and equipment on the project to A & E. In November 1992, A & E recorded a mechanics lien on the Agrico real property. Tampa Power and its surety, American Diversified Insurance Company (ADIC), filed a bond in Polk County pursuant to section 713.24, Florida Statutes (1991), for the purpose of transferring the lien from the real property to the bond.
Tampa Power then sued A & E in Hills-borough County for breach of contract. A & E counterclaimed and filed a pleading purporting to be a third-party complaint in which it named North American Specialty Insurance Company (NAS) as defendant.
We reverse because the issue is not one of lack of subject matter jurisdiction, but rather
Reversed and remanded.
. NAS had been substituted for ADIC as surety on the bond.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.