PALMER ELECTRIC SERVICES, INC., APPELLANT,
v.
CHARLIE FILLER AND JOAN C. FILLER, HIS WIFE, AND KEN WASON, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A lienor's failure to respond to a demand for a sworn statement, even without a specific statutory warning, deprives the lienor of its lien rights.
[1] A mechanic's lien law is to be strictly construed, and strict compliance is an indispensable prerequisite for a person seeking affirmative relief under the statute.
[2] A demand letter sent by an owner to a lienor, pursuant to a statute requiring a sworn statement in response, must contain a warning that failure to respond will result in…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceAppellant, a subcontractor, filed a mechanic's lien after the owner received an affidavit from the general contractor stating all subcontractors were …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Notice To Owner cases and more on FLexlaw
CAMPBELL, Judge.
Appellant, Palmer Electric Services, Inc., appeals a summary judgment for appellees in regard to appellant’s complaint which sought to enforce a mechanic’s lien.
Appellant was a subcontractor on a residence being constructed for appellees by the general contractor. Appellant served its notice to owner on appellees on February 21, 1983.
On June 17, 1983, appellees secured from the general contractor an affidavit reflecting that all subcontractors and materialmen had been paid. Based on that affidavit, appellees paid the balance owed on the contract to the general contractor.
On July 18, 1983, appellant filed and recorded its claim of lien against appel-lees’ property.
On September 22, 1983, appellant’s counsel wrote a letter demanding payment from appellees.
On September 26, 1983, appellees’ counsel, as authorized by section 713.16(2), Florida Statutes (1983), wrote a responsive letter to appellant’s counsel demanding a sworn statement from appellant to reflect the nature of labor or services performed, materials furnished, amount paid and amount remaining due. That letter from appellees’ counsel did not specify that it was being sent pursuant to section 713.16(2), nor did it include a warning that a failure to respond would deprive appellant of its lien. Without responding to appellees’ counsel’s letter of demand and without furnishing the sworn statement, appellant filed its complaint to enforce a lien on June 13, 1984. Both parties filed motions for summary judgments and supporting affidavits.
Appellant relies on Alex v. Randy, Inc., 305 So. 2d 13 (Fla. 1st DCA 1974), to support its argument that its claim of lien survived its failure to respond to appellees’ letter of demand pursuant to section 713.-16(2).
Alex v. Randy does so hold. While the facts of that case and the clear rationale underlying its holding can be distinguished, its holding cannot, and we must reject and respectfully disagree with the holding in that case as did the trial judge here below. The court in Alex v. Randy placed great emphasis on the fact that the parties there were lay persons not experienced in the technical aspects of the law. Because of that the Alex v. Randy court imposed the requirement, not included within the language of section 713.16(2), that a responsive demand letter written by an owner must contain a warning that the lienor’s failure to respond will result in the loss of the claimed lien. The Alex v. Randy court specifically found and held that:
Without such warning, the notice, if effective to extinguish the lien, would be a ‘sleeper’ for all but the most wary and perceptive of laborers and materialmen. It is implicit in the statute that the demand apprise the lienor that under the statute he has ten days within which to comply or be deprived of his lien.
The trial judge below could not reconcile the holding in Alex v. Randy with the holding of this court in Babe’s Plumbing, Inc. v. Maier, 194 So. 2d 666 (Fla. 2d DCA 1966), and chose to adhere to our holding in Babe’s Plumbing. The bedrock in the Babe’s Plumbing holding is that the mechanic’s lien law is to be strictly construed in every particular and strict compliance is an indispensable prerequisite for a person seeking affirmative relief under the statute. While in this case the parties were acting through their attorneys, we cannot construe the holding in Alex v. Randy to be limited in application to claims of lien when those asserting their demands are nonlawyers. We therefore disagree with that holding.
We adhere to the principles in Babe’s Plumbing and affirm the summary judgment of the trial court. Accordingly, we are in conflict with Alex v. Randy.
SCHEB, A.C.J., and DANAHY, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Hiller v. Phoenix Assocs. OF S. Fla., Inc., 189 So. 3d 272 (Fla. 2d DCA 2016)…every particular and strict compliance is an indispensable prerequisite for a person seeking affirmative relief under the statute.” Home Elec. of Dade Cty., Inc. v. Gonas, 547 So. 2d 109, 111 (Fla.1989) (quoting Palmer Elec. Servs., Inc. v. Filler, 482 So. 2d 509, 510 (Fla. 2d DCA 1986)); see, e.g., Dracon Constr., Inc. v. Facility Constr. Mgmt., Inc., 828 So. 2d 1069, 1071 (Fla. 4th DCA 2002) (“In a special statutory proceeding, such as one under section 713.21(4), the trial court does not have the same dis…
-
Doral Collision Ctr., Inc. v. Daimler Tr., 341 So. 3d 424 (Fla. 3d DCA 2022)
-
Sasso AIR Conditioning, Inc. v. United Cos. Lending Corp., 742 So. 2d 468 (Fla. 4th DCA 1999)…isions is necessary for a person seeking affirmative relief under the act, see Home Elec. of Dade County, Inc. v. Gonas, 547 So. 2d 109, 110 (Fla.1989); Hanley v. Kajak, 661 So. 2d 1248, 1248 (Fla. 4th DCA 1995); Palmer Elec. Servs., Inc. v. Filler, 482 So. 2d 509, 510 (Fla. 2d DCA 1986), strict compliance is only required by the person seeking relief under the statute. It would be a strange construction to permit the lienor to lose its protection and the value of its labor because an owner, over whom the lie…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Babe's Plumbing, Inc. v. Emil P. Maier and Hildegarde M. Maier, 194 So. 2d 666 (Fla. 2d DCA 1966)
- Meryll Frost v. Dascher, 305 So. 2d 13 (Fla. 1st DCA 1974)
- Alex v. Randy, Inc., 305 So. 2d 13 (Fla. 1st DCA 1974)