MODERN PAINTING CO., INC., A FLORIDA CORPORATION, APPELLANT,
v.
PERITZ SCHEINBERG AND DOLLYE SCHEINBERG, HIS WIFE, APPELLEES
MODERN PAINTING CO., INC., A FLORIDA CORPORATION, APPELLANT,
PERITZ SCHEINBERG AND DOLLYE SCHEINBERG, HIS WIFE, APPELLEES
155 So. 2d 561
Florida District Court of Appeal, Third District (1963)
Positive Treatment
Cited by 10 cases
Opinion of the Court
Appellant’s complaint for foreclosure of a mechanic’s lien was dismissed by the chancellor on defendants’ motion when it appeared that the lien had become outlawed by lapse of time for failure of the lien claimant to file in the circuit court the notice required by § 84.21, Fla.Stat., F.S.A. In so ruling the chancellor was eminently correct, and we affirm the order of dismissal on the authority of Cowherd & Sanderlin, Inc. v. Modern Improvement Co., Fla.App.1962, 142 So.2d 786, and authorities cited therein.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Tri-County Produce Distribs., Inc. v. Ne. Prod. Credit Ass'n, 160 So. 2d 46 (Fla. 1st DCA 1963)…ortheast’s interest in this land upon the subject mortgage being spread on the records of St. Johns County, and the mortgage it accepted subsequent thereto was as a matter of law inferior to the interest of Northeast. . Cf. In re Lomineck’s Estate, 155 So. 2d 561 (Fla.App.1st, 1963), where one signing as scrivener of a will was held to be a witness although not signing in the place provided for the signatures of witnesses since he had witnessed and attested the execution of the will and subscribed thereon.…
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Simpson v. Clydia M. Williamson, 611 So. 2d 544 (Fla. 5th DCA 1992)…nder the circumstances, had he signed in that capacity. See Annotation, Wills: Character as Witness of One Who Signed Will For Another Purpose, 8 A.L.R. 1075 (1920); Tyson v. Utterback, 122 So. 496 (Miss.1929). The court in In re Lomineck’s Estate, 155 So. 2d 561 (Fla. 1st DCA1963), allowed the scrivener for a testator, who signed with a “per” before his name and just below the testator’s name, to substitute for a subscribing witness to a will, where one of the witnesses was not present when the testator sig…
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In re Est. of Samuel B. Charry, 359 So. 2d 544 (Fla. 4th DCA 1978)…tent to sign as a witness and that here the witnesses signed not as witnesses but for testimonial purposes only in order to avoid the legal necessity of later presenting evidence in court to prove the codicil. In the case of In re Lomineck’s Estate, 155 So. 2d 561 (Fla. 1st DCA 1963), the person who performed the act of signing an incapacitated testatrix’ name to the will added his own name with the prefix “per”. It was argued that that person signed only as the agent of the testatrix and not as a subscribing…
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- Cowherd & Sanderlin, Inc. v. Modern Improvement Co., Inc., 142 So. 2d 786 (Fla. 1st DCA 1962)