ARCHITECTURAL COMPLEMENTS, INC., A FLORIDA CORPORATION, APPELLANT,
v.
R.G. BROWN PROPERTIES, INC., N/K/A THE PINNACLE OF NAPLES, INC., APPELLEE

Fla. 2d DCA | 1996-12-18
No. 96-01446
PARKER and BLUE, JJ., concur.
686 So. 2d 678 Florida District Court of Appeal, Second District (1996) Positive Treatment
Cited by 2 cases
Topics
Mechanic'S Lien Foreclosure Mechanic'S Lien Foreclosure

Explore caselaw by topic → Browse Mechanic'S Lien Foreclosure cases and more on FLexlaw

Opinion of the Court
FRANK, Acting Chief Judge.

FRANK, Acting Chief Judge.

Architectural Complements, Inc., a cabinet manufacturer, has appealed from a partial final summary judgment in favor of R.G. Brown Properties, a condominium developer, the effect of which was to declare unenforceable Architectural’s mechanics hens. The court grounded its summary judgment upon apphcation of section 713.02(7), Florida Statutes (1995), which provides that “no lien shall exist in favor of any contractor, subcontractor, or sub-subcontractor unless such contractor, subcontractor, or sub-subcontractor is hcensed as a contractor pursuant to the laws of the jurisdiction within which he is doing business.” Upon review of the record, however, we find that genuine issues of material fact exist concerning whether section 713.02(7) apphes to Architectural in this situation. Architectural claims that it acted as a materialman, not a subcontractor, and if that assertion is factually sound, the statute would not operate to preclude its lien.

We reverse and remand for the trial court to consider the factual matters associated with the determination of Architectural’s status within the meaning of section 713.02(7).

PARKER and BLUE, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Ebano-Soberon, Inc. v. The Cury Grp., Inc., 40 So. 3d 5 (Fla. 4th DCA 2010)
    …l payment affidavit. See Art Berman Concrete, Inc. v. Sey Constr. Corp., 247 So. 2d 791 (Fla. 3d DCA 1971). For these reasons, the partial summary judgment should not have been entered. See Architectural Complements, Inc. v. R.G. Brown Props., Inc., 686 So. 2d 678 (Fla. 2d DCA 1996). We grant the petition, quash the trial court’s order granting partial summary judgment, and remand to the trial court for further proceedings consistent with this opinion. TAYLOR, DAMOORGIAN and GERBER, JJ., concur.…

Full citator, related cases, and AI research tools

Open in FLexlaw