XAVIER J. WAHNER AND GLENDA WAHNER, HIS WIFE, APPELLANTS,

v.

ARTISTIC TILE AND CARPET CENTER, INC., APPELLEE

Citator

Cited By

• Commerce P'ship 8098 Ltd. P'ship & Forest-English, Inc. v. Equity Contracting Co., Inc., 695 So. 2d 383 (Fla. 4th DCA 1997)
  …s that the construction lien part of Chapter 713 “shall be cumulative to other existing remedies.” The plain language of the statute does not supersede any remedies available to a party seeking payment. St. Regis Paper Co. v. Quality Pipeline, Inc., 469 So. 2d 820, 822-23 (Fla. 2d DCA 1985). Applying section 713.30, the third district rejected the argument that a materialman’s failure to perfect a statutory lien left it without any remedy to recover for materials which it had furnished to a construction proje…
• Gold v. M & G Servs., Inc., 491 So. 2d 1297 (Fla. 3d DCA 1986)
  …ct is terminated for a reason other than completion and regardless of whether the contractor has any lienors working under him or not. .We note, however, that other remedies are available to M & G, see St. Regis Paper Co. v. Quality Pipeline, Inc., 469 So. 2d 820 (Fla. 2d DCA), and cases cited at 823, review denied, 479 So. 2d 118 (1985), and, in light of the trial court’s retention of jurisdiction of count one, the issue of compensatory damages based on Gregg’s failure to pay for work done on the premises b…
• Quality Indus., Inc. v. Keyes, 509 So. 2d 1248 (Fla. 2d DCA 1987)
  …ed, rather than precluding Quality from an independent contract action, § 713.30, by its title, “Other actions not barred,” and its literal purpose, reinforce the ability of Quality to pursue such action. See St. Regis Paper Co. v. Quality Pipeline, 469 So. 2d 820, 823 (Fla. 2d DCA 1985). Based upon the foregoing, we reverse, vacate the trial court’s order and remand this matter for further proceedings consistent with this opinion. CAMPBELL, A.C.J., and LEHAN, J., concur.…

Authorities Cited

• Reineke v. McKINSTRY, 445 So. 2d 361 (Fla. 4th DCA 1984)