GERTRUDE JOHNSON, APPELLANT,
v.
C. L. VINING, APPELLEE
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Gertrude Johnson appealed a foreclosure judgment on a mechanic's lien brought by C. L. Vining for improvements to the Mayfield Hotel. The Florida Supreme Court affirmed the decree, rejecting arguments that the suit was premature and that statutory requirements were not satisfied.
The court affirmed the decree, finding that the suit was not prematurely brought, that statutory compliance issues were immaterial because all bills had been paid and discharged by Vining, and that any technical errors committed were harmless.
“We do not think that the contention to the effect that this suit was prematurely brought is well taken.”
The court rejected Johnson's argument that Vining's foreclosure suit was filed prematurely.
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Join FLexlaw to unlock all legal intelligenceC. L. Vining contracted with Gertrude Johnson to make improvements to the Mayfield Hotel owned by Johnson. The work was estimated to cost $10,500 but …
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Per Curiam.
C. L. Vining, complainant in the court below, brought suit against Gertrude Johnson for the purpose of foreclosing a mechanic’s lien. There was a final decree in favor of Vining and Gertrude Johnson appealed. The lien was predicated on a parole contract to make certain improvements on the Mayfield Hotel, owned by appellant, the estimated cost of which was $10,500.00, but which actually cost when completed more than $18,000.00.
It is contended here that the final decree should be reversed because the suit was prematurely brought, that the provisions of Secs. 3523 and 3524, Rev. Gen. Stats, of Fla., were not complied with and that no showing was made as to what part of the materials and labor furnished by Vining were extras over and above the estimated cost on the basis of which the work was undertaken.
We do not think that the contention to the effect that this suit was prematurely brought is well taken. On-the question of whether or not Secs. 3523 and 3524, Rev. Gen. Stats, of Fla., were complied with the record discloses that all bills for labor and material furnished had been paid and discharged by Vining so whether or not these sections were in fact complied with becomes immaterial. On a full and careful examination of the record it may be that technical errors were committed, but we are convinced that such 'errors if committed were harmless. We see no useful purpose that an opinion on these questions would serve so the decree of the chancellor is affirmed. Sec. 2812, Rev. Gen. Stats, of Florida.
Affirmed.
Whitfield, P. J., and Terrell and Buford, J. J., concur. Ellis, C. J., and Strum and Brown, J. J., concur in the opinion and judgment.
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Lake Mabel Dev. Corp. v. Bird, 99 Fla. 253 (Fla. 1930)…ading or procedure- and it appearing from an examination of the entire case that such errors have not resulted in a miscarriage of justice, the case will be affirmed. Comp. Gen. Laws (1927), Sec. 4499; Rev. Gen. Stats., See. 2812; Johnson v. Vining, 96 Fla. 304, 118 So. R. 476. [*259] Affirmed. Per Curiam. The record in this cause having been considered by the Court, and the foregoing opinion prepared under Chapter 14553, Acts of 1929, adopted by the Court as its opinion, it is considered, ordered and de…
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Young v. Curtis, 108 Fla. 348 (Fla. 1933)…C. G. L., 2812 R. G. S. Prejudicial error has not been shown in the entry of the final decree on bill and answer in this case, nor in the denial of complainants’ motion to dismiss the bill without prejudice under the circumstances. Johnson v. Vining 96 Fla. 304, 118 Sou. Rep. 475. Affirmed. Whitfield, Terrell and Buford, J. J., concur.…