WOODMERE NORTH INVESTMENT FUND LIMITED, APPELLANT,
v.
SLT WAREHOUSE ET AL., APPELLEES
WOODMERE NORTH INVESTMENT FUND LIMITED, APPELLANT,
SLT WAREHOUSE ET AL., APPELLEES
364 So. 2d 802
Florida District Court of Appeal, First District (1978)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
We have carefully examined the record-on-appeal and the briefs filed by able counsel and determine therefrom that appellant has failed to demonstrate that the trial court erred in the manner alleged. We further find that nothing will be added to the jurisprudence of this state by a meticulous recitation of the facts giving rise to this appeal nor by a discussion of the law applicable to those facts. The well reasoned and carefully articulated final judgment of the trial court which is here appealed is therefore
AFFIRMED.
McCORD, C. J., and BOYER and MELVIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Am. Fire & Cas. Co. v. Davis Water & Waste Indus., Inc., 377 So. 2d 164 (Fla. 1979)…two years after the transfer of the lien to bond. The district court’s decision on the notice issue is in conflict with Booth v. Joe Lombardi, Inc., 309 So. 2d 51 (Fla. 2d DCA 1975), and has been followed in Baumgartner Construction Co. v. Harrell, 364 So. 2d 802 (Fla. 1st DCA 1978). The court certified that its decision on the notice issue passed on a question of great public interest, and framed the question as follows: Is a lienor, not in privity with the owner, who furnishes materials for subdivision im…
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Sewer Viewer, Inc. v. Shawnee Sunset Developers, Inc., 454 So. 2d 701 (Fla. 2d DCA 1984)…d for in chapter 713, part 1.” 377 So. 2d at 165.2 Accord Mershon v. Buckles-Thompson, Inc., 383 So. 2d 280 (Fla. 5th DCA 1980) (section 713.04 creates “subdivision exception” to notice to owner requirement); Baumgartner Construction Co. v. Harrell, 364 So. 2d 802 (Fla. 1st DCA 1978) (reading section 713.04 in pari mate-ria with section 713.06 mandates the conclusion that untimeliness of notice to owner served by lienor furnishing labor and materials for subdivision improvements did not bar recovery under sec…
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Royal v. Clemons, 394 So. 2d 155 (Fla. 4th DCA 1981)…m under Section 713.04, Florida Statutes (1977). We believe appellee’s position to be erroneous. Section 713.04, by its very term, applies to subdivision improvements. The cases relied upon by appellee, Baumgartner Construction Co., Inc. v. Harrell, 364 So. 2d 802 (Fla. 1st DCA 1978) and American Fire & Casualty Co. v. Davis Water Waste Industries, Inc., 377 So. 2d 164 (Fla.1979), are both cases involving subdivision improvements. The instant case does not involve a subdivision but rather a shopping center.…