EASTLAND INVESTMENT COMPANY, PETITIONER,
v.
J. R. TRUEMAN & ASSOCIATES, INC., AN OHIO CORPORATION, ET AL., RESPONDENTS
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Florida Supreme Court discharged a conflict certiorari petition after determining no actual conflict of decisions existed regarding mechanic's lien affidavit requirements for architects and contractors.
No conflict of decisions exists regarding the statutory affidavit requirement for mechanic's liens where an architect's contract predates construction and a contractor has not proceeded beyond preliminary negotiations.
[1] A mechanic's lien claimant who is an architect with a self-contained firm and a pre-construction contract with the owner is not required to furnish a statutory affidavit…
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Join FLexlaw to unlock all legal intelligenceEastland Investment Company sought conflict certiorari review of a Third District decision involving mechanic's lien claims by architects (Mark D. Fei…
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PER CURIAM.
In this cause we considered whether we should review by conflict certiorari the decision of the District Court of Appeal, Third District, in Eastland Investment Co. v. J. R. Trueman & Associates, Inc. et al. (1973), 287 So. 2d 365.
It initially appeared to us that conflict of decisions conferring jurisdiction to review existed. However, after study and hearing oral arguments it appears our taking jurisdiction was improvident. For example, conflict was urged by Petitioner Eastland Investment Company with Davis Engineering, Inc. v. Purcel (Fla.App.1967), 202 So. 2d 827, insofar as the mechanic’s lien claim of Mark D. Feinknopf, et al., architects, was concerned. After study we found no conflict existed because Feinknopf’s firm was selfcontained and its architectural contract with owner prior to construction of the work did not give rise to any other potential lienors requiring the statutory affidavit of Feinknopf as a contractor. Similarly, in regard to the construction contract of J. R. Trueman & Associates, Inc., the facts demonstrated Trueman had not proceeded further with the work than entering into preliminary negotiations with subcontractors before its services as contractor was terminated, thereby precluding the necessity of its furnishing a sworn statement.
The writ is discharged.
ADKINS, C. J., and ROBERTS, ERVIN, BOYD and McCAIN, JJ., concur.
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In re Advisory Opinion TO THE Governor (Judicial Vacancies), 600 So. 2d 460 (Fla. 1992)…inimize the time that vacancies exist. Judges are encouraged to and do submit their resignations, to be effective in the future, at a time that permits the process to proceed in an orderly manner and keep the position filled. In Spector v. Glisson, 305 So. 2d 777 (Fla.1974), this Court ruled that a vacancy in office occurred when Justice Ervin tendered his resignation in the summer of 1974 to be effective the following January, thus allowing an election to fill the vacancy.1 The rationale of Spector applies…1 / 2
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Jud. Nominating Comm'n v. Graham, 424 So. 2d 10 (Fla. 1982)…ly when “the effective date of the vacancy coincided with the commencement of the terms of other judicial officers elected during the same elective process.” In re Advisory Opinion to the Governor, 301 So. 2d 4, 7 (Fla.1974). See Spector v. Glisson, 305 So. 2d 777 (Fla.1974). Here, of course, the vacancies are not scheduled to occur at the time of the commencement of the terms of other judicial officers and the above criterion is not met. The vacancies have already occurred and should have been filled as qui…1 / 2
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Eastland Inv. Co. v. J. R. Trueman & Assocs., Inc., 287 So. 2d 365 (Fla. 3d DCA 1973)
- Davis Eng'g, Inc. v. Purcel, 202 So. 2d 827 (Fla. 4th DCA 1967)