SUFFOLK CONSTRUCTION CO., INC. vs. FIRST SEALORD SURETY, INC., ET AL. (Fla. 3d DCA Mar. 23, 2011)

In this construction dispute, a surety obtained an appellate reversal of a judgment in favor of a general contractor.  The appellate court awarded the surety appellate attorneys’ fees over the general contractor’s objection regarding entitlement.  The trial court determined the amount to be $277,195.69.  The general contractor appealed the fee award, again, on the issue of entitlement.  The appellate court affirmed based on the doctrine of law of the case, because “[a]bsent manifest injustice, th[e] Court is barred under the doctrine of law of the case by its prior ruling granting entitlement to attorney’s fees.”

SUFFOLK CONSTRUCTION CO., INC. vs. FIRST SEALORD SURETY, INC., ET AL. (Fla. 3d DCA Mar. 23, 2011)