Opinion
November 7, 1950.
Petition from the Circuit Court for Dade County, Charles A. Carroll, J.
Irving F. Kalback and Roland J. Lavelle, Miami, for petitioners.
Boyce F. Ezell, Jr., Miami, for respondent.
The bill having failed to show that any amounts were due on the general contract by the owner to the general contractor, Sections 84.02 and 84.04, Florida Statutes 1941, and F.S.A., and the relationship of the sub-contractor to the owner not having been sufficiently alleged, the order on the motion to dismiss was erroneous.
So the petition for certiorari is granted and the order is quashed, with directions to dismiss the bill unless it be amended to remedy these defects.
CHAPMAN, THOMAS, SEBRING, HOBSON and ROBERTS, JJ., concur.
ADAMS, C.J., and TERRELL, J., dissent.