C. B. JACKSON & SONS CONSTRUCTION COMPANY, A FLORIDA CORPORATION, APPELLANT,
v.
ROBERT DAVIS AND JEAN DAVIS, HIS WIFE, APPELLEES
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[*208] KEHOE, Judge.
Appellant, plaintiff below, brings this appeal from an order dated November 18, 1977, dismissing its complaint in a mechanic’s lien case and entering final judgment for appellees, defendants below. We reverse.
The order appealed and the record show that the trial court dismissed appellant’s complaint on the grounds that it had not complied with Chapter 468, Florida Statutes (1975) and Section 10 — 5, Metropolitan Code of Dade County, requiring it to be licensed as a “contractor” or “general contractor” to perform certain work under a construction contract between the parties. In our opinion, the failure to follow the licensing procedure of these Sections would not preclude appellant from maintaining a cause of action based on quantum meruit, although it might subject it to certain other penalties. See, e. g., Wood v. Black, 60 So. 2d 15 (Fla. 1952); and Warren v. Bill Ray Construction Co., Inc., 269 So. 2d 25 (Fla. 3d DCA 1972). See generally Annot., 82 A.L.R.2d 1429 (1962). Accordingly, the order appealed is reversed and the cause is remanded for further proceedings not inconsistent with this opinion.
Reversed and remanded.
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DeBIASI v. Snaith, 732 So. 2d 14 (Fla. 4th DCA 1999)…losure. In a 2-1 decision, this court affirmed the judgment. DeBiasi v. S & S Builders, Inc., 593 So. 2d 314 (Fla. 4th DCA 1992). The dissent cited two cases, Wood v. Black, 60 So. 2d 15 (Fla.1952), and C.B. Jackson & Sons Construction Co. v. Davis, 365 So. 2d 207 (Fla. 3d DCA 1978), which appeared to be in direct conflict with a principle of law in the majority opinion. DeBiasi indicated to Snaith that he wanted to pursue an appeal to the Supreme Court of Florida, if possible. Snaith timely filed a motion f…
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DeBIASI v. S & S Builders, Inc., 593 So. 2d 314 (Fla. 4th DCA 1992)…ause he did not have in his hand the necessary certificate. I would hold that the contract is unenforceable because of the failure to have the proper licensings. See Wood v. Black, 60 So. 2d 15 (Fla.1952); C.B. Jackson & Sons Constr. Co. v. Davis, 365 So. 2d 207 (Fla. 3d DCA 1978). Since appellee offered no proof to support a quantum meruit theory, I would remand for entry of a judgment in favor of appellee.…
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Sterner v. Denford O. Phillips, Jr., 721 So. 2d 450 (Fla. 5th DCA 1998)…ure to comply with the state's licensing requirements. See Wood v. Black, 60 So. 2d 15 (Fla.1952); DeBiasi v. S & S Builders, Inc., 593 So. 2d 314 (Fla. 4th DCA), review dismissed, 602 So. 2d 941 (Fla.1992); C.B. Jackson & Sons Constr. Co. v. Davis, 365 So. 2d 207 (Fla. 3d DCA 1978); Warren v. Bill Ray Constr. Co., 269 So. 2d 25 (Fla. 3d DCA 1972). The original version of the statute appears to have been intended to give the court discretion to grant recovery in quantum meruit. It provided that such contracts…
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- Wood v. Black, 60 So. 2d 15 (Fla. 1952)
- Warren v. Bill RAY Constr. Co., Inc., 269 So. 2d 25 (Fla. 3d DCA 1972)