THOMAS A. MUTCHLER, JR., APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Miracle Ctr. Dev. Corp. v. M.A.D. Constr., Inc., 662 So. 2d 1288 (Fla. 3d DCA 1995)
  …racle Center must provide written consent. While the lease seemed to anticipate that the leased premises might be renovated at some point during the leasehold, such renovations were not vital to the lease’s perpetuality. Budget Elec. Co. v. Strauss, 417 So. 2d 1143, 1144 (Fla. 5th DCA 1982) (distinguishing between leases which “contemplate” improvements and those which “require” improvements); see Davidson Lumber Co. v. Sullivan, 403 So. 2d 560 (Fla. 3d DCA 1981); Tom Joyce Realty Co. v. Popkin, 111 So. 2d 707…
• 14TH & Heinberg, L.L.C. v. Henricksen & Co., Inc., 877 So. 2d 34 (Fla. 1st DCA 2004)
  …holding that the appellant contractor failed to prove' the existence of a lease provision requiring the lessee to make the improvements at issue which could have the effect of subjecting the lessor’s property to a lien); Budget Elec. Co. v. Strauss, 417 So. 2d 1143, 1145 (Fla. 5th DCA 1982) (holding that the mere fact that the parties to a lease- may contemplate that the lessee will make improvements to the property is insufficient to subject the lessor’s interests to mechanics’ liens and that the lease must i…
• MHB Constr. Servs., L.L.C. v. Rm-Na HB Waterway Shoppes, L.L.C., 74 So. 3d 587 (Fla. 4th DCA 2011)
  …ord before making improvements). Lastly, Landlord’s $10,000 contribution towards MHB’s construction was less than 10% of the total cost of improvements and was contingent on Tenant receiving a final release from MHB. See Budget Elec. Co. v. Strauss, 417 So. 2d 1143, 1145 (Fla. 5th DCA 1982) (holding that the mere fact that the parties to a lease may contemplate the lessee will make improvements to the property is insufficient to subject the lessor’s interests to mechanics’ liens and that the lease must express…

Authorities Cited

• Brewer v. State, 413 So. 2d 1217 (Fla. 5th DCA 1982)
• Green v. State, 414 So. 2d 1171 (Fla. 5th DCA 1982)