Narrative Opinion Summary
The previous opinion in this case is withdrawn following the appellant’s Motion for Rehearing or Clarification, which is granted. The court reverses its earlier decision based on precedents set in American Fire Casualty Co. v. Davis Water & Waste Industries, Inc., and Marks Landscape and Paving Co. v. R.P.B. Industrial Park, Inc. The court recognizes that this ruling conflicts with the Second District's decision in Southern Contractor Rentals, Inc. v. Broderick, which held that the proper payments provision of Section 713.06 of the Florida Statutes applies to Section 713.04, necessitating an interpretation of the two sections together. The case is thus reversed, with Judges Walden, Gunther, and Garrett concurring.
Legal Issues Addressed
Conflict with District Court Decisionsubscribe to see similar legal issues
Application: The court acknowledged a conflict with the Second District's decision in Southern Contractor Rentals, Inc. v. Broderick concerning the application of payment provisions under Florida Statutes.
Reasoning: The court recognizes that this ruling conflicts with the Second District's decision in Southern Contractor Rentals, Inc. v. Broderick, which held that the proper payments provision of Section 713.06 of the Florida Statutes applies to Section 713.04.
Interpretation of Statutory Provisionssubscribe to see similar legal issues
Application: The court determined that Sections 713.06 and 713.04 of the Florida Statutes must be interpreted together based on the context of the case.
Reasoning: The court recognizes that this ruling conflicts with the Second District's decision in Southern Contractor Rentals, Inc. v. Broderick, which held that the proper payments provision of Section 713.06 of the Florida Statutes applies to Section 713.04, necessitating an interpretation of the two sections together.
Motion for Rehearing or Clarificationsubscribe to see similar legal issues
Application: The court withdrew its previous opinion upon granting the appellant's motion for rehearing or clarification.
Reasoning: The previous opinion in this case is withdrawn following the appellant’s Motion for Rehearing or Clarification, which is granted.
Reversal of Judicial Decision Based on Precedentsubscribe to see similar legal issues
Application: The court reversed its earlier decision by relying on precedents from American Fire Casualty Co. v. Davis Water & Waste Industries, Inc., and Marks Landscape and Paving Co. v. R.P.B. Industrial Park, Inc.
Reasoning: The court reverses its earlier decision based on precedents set in American Fire Casualty Co. v. Davis Water & Waste Industries, Inc., and Marks Landscape and Paving Co. v. R.P.B. Industrial Park, Inc.