ALLIED FLORIDA CORPORATION, A FLORIDA CORPORATION, APPELLANT,
v.
THORNTON E. ROUND, APPELLEE
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The court held that a contractor's failure to provide a sworn statement within one year of filing a lien claim results in the loss of the lien.
Plaintiff contractor sued to foreclose a lien after performing labor and furnishing materials under a verbal agreement. The trial court granted summar…
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Defendant moved for summary decree, submitting an affidavit and exhibits in support of the motion. Plaintiff having failed to serve or file any opposing affidavit, deposition, or evidence, the court, under Rule 1.36, 1954 Florida Rules of Civil Procedure, 30 F.S.A., entered the summary final decree pursuant to defendant’s motion; and plaintiff appeals.
The suit below was brought in chancery by plaintiff, a contractor as defined by section 84.01, Florida Statutes, to foreclose a lien upon real property of defendant owner for labor performed and materials furnished by plaintiff toward and in the improvement of defendant’s real property pursuant to an alleged verbal agreement entered into between the parties on or about April 1, 1959. The court, in its final decree, set out, that section 84.04(3), Florida Statutes, F.S. A., appeared to be applicable, that failure of the plaintiff to give the owner a statement under oath as required by the named section within one year after the filing of plaintiff’s claim of lien is not disputed, and that there was therefore no genuine issue as to any material fact.
In Florida, the law is well-rooted that unless the sworn statement required by the cited statutory provision is given within one year after the contractor has filed his claim of lien, the contractor loses his lien. See Moore v. Crum, Fla. 1953, 68 So.2d 379; Pope v. Carter, Fla.App.1958, 102 So.2d 658. In the court below, there was no contention that plaintiff within the specified one year after filing of its claim of lien gave the defendant owner the requisite statement under oath; nor, we note, is such a claim urged in plaintiff’s brief on this appeal.
There appearing to be no genuine issue of any material fact to preclude entry *587of the appealed decree, the summary final decree, therefore, is affirmed.
Affirmed.
ALLEN, Acting C. J., KANNER, J., and McCORD, GUYTE P., Jr., Associate Judge, concur.
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Brown v. First Fed. Sav. & Loan Ass'n OF NEW Smyrna, 160 So. 2d 556 (Fla. 1st DCA 1964)…ent required by F.S. § 84.04(3), F.S.A. The order of dismissal correctly recites: “This Court is of the opinion that such statement or affidavit must be furnished as a prerequisite to a valid mechanics lien.” See Allied Florida Corporation v. Round, 147 So. 2d 586 (Fla.App.1962); Stern v. Perma-Stress, Inc., 134 So. 2d 509 (Fla.App.1961); Belcher v. Russell, 128 So. 2d 623 (Fla.App.1961); Moore v. Crum, 68 [*560] So. 2d 379 (Fla.1953). Section 84.04(3), Florida Statutes F.S.A., provides: “When final payment…
Authorities Cited
- Moore et ux. v. Crum, 68 So. 2d 379 (Fla. 1953)
- Pope v. Frank A. Carter et ux., 102 So. 2d 658 (Fla. 2d DCA 1958)