FONTAINEBLEAU HOTEL CORPORATION, A FLORIDA CORPORATION, APPELLANT,
v.
LOWRY ELECTRIC CO., INC., A FLORIDA CORPORATION, APPELLEE

Fla. 3d DCA | 1972-11-28
No. 72-331
Before PEARSON, CHARLES CARROLL and HENDRY, JJ.
269 So. 2d 738 Florida District Court of Appeal, Third District (1972) Negative Treatment
Cited by 7 cases
Topics
Subcontractor Status Affirmative Defense Pleading Mechanic'S Lien Foreclosure

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This appeal is by the defendant below from an adverse judgment in a mechanics’ lien foreclosure action.

The appellant seeks reversal upon the contention that the plaintiff lienor was barred from recovery because of its failure to furnish an affidavit stating that all lienors had been paid in full, etc., as required of a contractor under § 713.06(3) (d) Fla.Stat., F.S.A. We hold the contention is without merit. That defense was not pleaded. It is sufficiently revealed on the record the capacity of the plaintiff was that of a subcontractor, for certain electrical work. As a subcontractor, the plaintiff was not required to furnish such an affidavit. Moreover, although it appears that the plaintiff subcontractor had agreed it would furnish such an affidavit upon five days’ demand by the owner (lessee in possession), it was not alleged or shown that the demand was made.

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Geneva Inv. v. Trafalgar Developers, Ltd., 274 So. 2d 581 (Fla. 3d DCA 1973)
    …for performance at a future date. Further, the Bahamas does not require the prerequisite of registration for one to deal in real estate and, consequently, there was no violation of Florida Chapter 475. See Seijo v. Futura Realty, Inc., Fla.App.1972, 269 So. 2d 738. For the reasons stated herein, the judgment of the lower court must be reversed with directions to dismiss the complaint. Reversed.…
  • Sowers v. Hoenstine, 417 So. 2d 1137 (Fla. 5th DCA 1982)
    …rected verdict. Atlantic Gardens; Leader Mortgage Co. Hoenstine contends that the filing requirement is not applicable to him because he was not a “contractor,” but rather was a “sub-contractor.” See Fontainebleau Hotel Corp. v. Lowry Electric Co., 269 So. 2d 738 (Fla. 3d DCA 1972); Art Berman Concrete, Inc. v. Sey Construction Corp., 247 So. 2d 791 (Fla. 3d DCA 1971). The installation of the pad was only a small part of the improvements being made. Hoenstine contends that the “contractor” was the person [*1…
  • The Leader Mortg. Co. v. Rickards Elec. Serv., Inc., 348 So. 2d 1202 (Fla. 4th DCA 1977)
    …also pointed out that any doubt as to whether the sworn statement is required should be resolved in favor of strict compliance with the Mechanics’ Lien Law. The appellees cite the case of Fontainebleau Hotel Corporation v. Lowry Electric Co., Inc., 269 So. 2d 738 (Fla. 3rd DCA 1972), for the contra proposition that appellee was a mere subcontractor. We do not feel persuaded by that case. Not only are no facts set forth in Fontainebleau which would enable us to appreciate why the court found that particular e…

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