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GOLDBERG v. CECO CORPORATION

District Court of Appeal of Florida, Third District
Oct 20, 1971
252 So. 2d 849 (Fla. Dist. Ct. App. 1971)

Opinion

No. 71-4.

September 21, 1971. Rehearing Denied October 20, 1971.

Appeal from the Circuit Court, Dade County, Milton A. Friedman, J.

Richard L. Lapidus, Miami, for appellants.

Walsh, Dolan Krupnick, Ft. Lauderdale, for appellee.

Before SWANN, C.J., and PEARSON and BARKDULL, JJ.


This cause has previously been before this court. After the trial of the cause, the trial judge found that under the facts of the case Ceco Corporation was entitled to its lien. The appellant, Goldberg, now seeks a reversal of the judgment upon the argument that the mechanic's lien act does not furnish to a sub-subcontractor the right to a lien where his immediate sub-contractor has defaulted and the owner has made proper payments under the act. We find that it is unnecessary to decide this point because we hold that the record contains competent substantial evidence to support a finding by the trial judge that the owner and his agent, the cost-plus contractor, did not make proper payments under the contract. See Melnick v. Reynolds Metals Company, Fla.App. 1970, 230 So.2d 490; Jenkins v. Graham, Fla.App. 1970, 237 So.2d 330, 332.

Ceco Corporation v. Goldberg, Fla.App. 1969, 219 So.2d 475; Goldberg v. Ceco Corporation, Fla. 1969, 230 So.2d 149.

Affirmed.


Summaries of

GOLDBERG v. CECO CORPORATION

District Court of Appeal of Florida, Third District
Oct 20, 1971
252 So. 2d 849 (Fla. Dist. Ct. App. 1971)
Case details for

GOLDBERG v. CECO CORPORATION

Case Details

Full title:BURTON GOLDBERG, TRUSTEE ET AL., APPELLANTS, v. THE CECO CORPORATION, A…

Court:District Court of Appeal of Florida, Third District

Date published: Oct 20, 1971

Citations

252 So. 2d 849 (Fla. Dist. Ct. App. 1971)