Suffolk Construction Co., Inc. v. First Sealord Surety, Inc.

In Suffolk Construction Co., Inc. v. First Sealord Surety, Inc., 63 So.3d 18 (Fla.App. 2011) a judgment for the claimant prime contractor against the subcontractor’s surety (but not against the subcontractor) was reversed and the surety was awarded attorneys fees on appeal, see 995 So.2d 609 (Fla.App. 2008) and 14 So.3d 243 (Fla. 2009).  Upon remand, the trial court set the amount of fees and the prime contractor appealed again objecting to the award of fees.  The Court held that entitlement to fees had been determined in the prior appeals and could not be reconsidered now.  The issue was decided, and that decision was law of the case not subject to reconsideration in the absence of manifest injustice.  There was no basis to apply the narrow manifest injustice exception, and the trial court’s judgment was affirmed.