YELL-FOR-PENNELL, INC., A FLORIDA CORPORATION, APPELLANT,
v.
JOAB, INC., A FLORIDA CORPORATION, APPELLEE
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This appeal is from an order which held that the plaintiff, Yell-For-Pennell, Inc., had not complied with the provisions of the Florida Mechanics Lien Act and that the defendant, Joab, Inc., was not liable to the plaintiff. Final judgment was rendered for Joab, Inc. and plaintiff has appealed.
The notice to the owner herein must be held sufficient. See § 713.06(2), Fla.Stat., F.S.A.; and Boux v. East Hillsborough Apartments, Inc., Fla.App.1969, 218 So.2d 202.
The claim of lien was substantially in the form prescribed by the act and there was no showing that the landowner was prejudiced by the form of the claim. See § 713.08(3) and (4), Fla.Stat., F.S.A.; George J. Motz Construction Corp. v. Coral Pines, Inc., Fla.App. 1970, 232 So.2d 441; and Russell v. Farrey’s Wholesale Hardware Co., Fla.App.1964, 163 So.2d 513.
Accordingly, the final judgment for defendant is reversed and the cause is remanded for further action consistent herewith.
It is so ordered.
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Mid-State Contractors, Inc. v. Halo Dev. Corp., 342 So. 2d 1078 (Fla. 2d DCA 1977)…denial of enforcement of an otherwise valid lien where the lienor substantially complies with the prescribed requisites. Cf. Adobe Brick and Supply Co. v. Centex-Winston Corp., 270 So. 2d 755 (Fla. 3d DCA 1972); Yell-For-Pennell, Inc. v. Joab, Inc., 243 So. 2d 438 (Fla. 3d DCA 1971); George J. Motz Construction Corp. v. Coral Pines, Inc., 232 So. 2d 441 (Fla. 4th DCA 1970). As a caveat to this proposition, such liens, despite defects in form, are valid unless in the discretion of the trial judge some prejudic…
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Centex-Winston Corp. v. Crown Paint, Inc., 294 So. 2d 694 (Fla. 3d DCA 1974)…n against one who has not been adversely affected by the error or omission. Fla.Stat. § 713.-08(4) (a), F.S.A., George J. Motz Construction Corp. v. Coral Pines, Inc., Fla.App.1970, 232 So. 2d 441; Yell-For-Pennell, Inc. v. Joab, Inc., Fla.App.1971, 243 So. 2d 438; Adobe Brick and Supply Co. v. Centex-Winston Corp., Fla.App.1972, 270 So. 2d 755. We have reviewed the record and have concluded that the appellant has failed to make a sufficient showing that it was adversely affected by the error on the notice t…
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Approved DRY Wall Constr., Inc. v. Morgan Props., Inc., 263 So. 2d 243 (Fla. 3d DCA 1972)…ellant argues that his complaint was sufficient as a complaint to foreclose a mechanic’s lien under the holding of Boux v. East Hillsborough Apartments, Inc., Fla.App.1969, 218 So. 2d 202. See also Yell-For-Pennell, Inc. v. Joab, Inc., Fla.App.1971, 243 So. 2d 438. Second, he urges that even if the complaint was insufficient as a complaint to enforce a mechanic’s lien, it was sufficient as an action upon its contract with the general contractor. We hold that the complaint was not sufficient because it did no…
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- Boux v. E. Hillsborough Apts., Inc., 218 So. 2d 202 (Fla. 2d DCA 1969)
- George J. Motz Constr. Corp. v. Coral Pines, Inc., 232 So. 2d 441 (Fla. 4th DCA 1970)
- Russell v. Farrey's Wholesale Hardware Co., Inc., 163 So. 2d 513 (Fla. 3d DCA 1964)