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J.J. Shane, Inc. v. Aetna Cas. & Surety Co.

Florida Third District Court of Appeal
723 So.2d 302 (1998)


Facts

J.J. Shane, Inc. (Shane) (plaintiff) was a subcontractor on a construction project run by general contractor Recchi America, Inc. (Recchi) (defendant) for the project owner Metropolitan Dade County (County). The subcontract agreement provided that Shane was dependent on the “financial responsibility” of the County and that Recchi’s payments to Shane would come from funds received by Recchi from the County. Shane performed work on the project, but Recchi did not make payment because the County did not pay Recchi. Shane sued Recchi for payment. A jury found in favor of Recchi, and Shane appealed.

Rule of Law

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Issue

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Holding and Reasoning (Green, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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