JOWEIN, INC.
v.
SUDY REALTY CORP. OF FLORIDA ET AL.
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This case concerns the effect of a lien waiver executed by a subcontractor in Florida. The Florida Supreme Court affirmed a lower court's decision, holding that the waiver effectively released the subcontractor's right to claim any lien for work and materials furnished after the waiver's execution.
Yes, the lien waiver executed by Jowein, Inc. effectively released its right to claim any lien for work and materials furnished subsequent to the execution of the waiver.
“for and in consideration of $5,000.00 * * * [Jowein] does hereby waive, release, remise and relinquish any and all right to claim any lien or liens for work done or material furnished, or any kind or class of lien whatsoever, on the following described property: * *”
This quote is the text of the lien waiver executed by the appellant.
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Join FLexlaw to unlock all legal intelligenceJowein, Inc., a subcontractor, executed a waiver of lien in exchange for $5,000. The waiver stated that Jowein relinquished any and all rights to clai…
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SEBRING, Justice.
The single question presented on this appeal pertains to the scope and effect under section 84.26, Florida Statutes 1951, F.S.A., of a waiver of lien executed by the appellant, Jowein, Inc., in the course of construction work by it as subcontractor, as follows: “ * * * for and in consideration of $5,000.00 * * * [Jowein] does hereby waive, release, remise and relinquish any and all right to claim any lien or liens for work done or material furnished, or any kind or class of lien whatsoever, on the following described property: * *
We are of the opinion that the decree of the court below, cancelling appellant’s lien for work and materials furnished under the contract in question subsequent to execution of the waiver, must, on authority of the statute above referred to, be affirmed.
It is so ordered.
ROBERTS, C. J., and TERRELL and MATHEWS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Ideal Roofing & Sheet Metal Works, Inc. v. Katzentine, 127 So. 2d 116 (Fla. 3d DCA 1961)…e appellees do contend that the affirmative allegations of the amended complaint show that a partial release of lien was given by the appellant and, therefore, it would, under the rule in Jowein, Inc. v. Sudy Realty Corporation of Florida, Fla.1954, 73 So. 2d 227, and Westinghouse Electric Supply Co. v. Levin, Fla.App.1959, 115 So. 2d 423, constitute a release of lien of the entire job. These cases do not stand for the proposition that a partial waiver, as such, constitutes a general waiver or release of lie…
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Greco-Davis Contracting Co., Inc. v. Stevmier, Inc., 162 So. 2d 285 (Fla. 2d DCA 1964)…ppellant’s right to file a lien under the provisions of Section 84.26, Florida Statutes, 1961, F.S.A. Such waiver is a valid and effective provision in the contract between the parties. See Jowein, Inc. v. Sudy Realty Corp. of Florida, et al., Fla., 73 So. 2d 227. The decree appealed from is affirmed. SMITH, C. J., WHITE, J., and MELVIN, WOODROW, Associate Judge, concur.…
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Westinghouse Elec. Supply Co. v. Levin, 115 So. 2d 423 (Fla. 3d DCA 1959)…ion of $5,430 the two appellants waived and released their claim of lien, on the one parcel of land involved. Actually, the waiver and release is in the same terms as that of the instrument in Jowein, Inc. v. Sudy Realty Corp. of Florida, Fla. 1954, 73 So. 2d 227, which effectively disposed, under § 84.26, Fla.Stat., F.S.A., of the existing lien rights. We think that the chancellor was correct in refusing to transfer the case to the law side so that Westinghouse could seek a legal remedy against All Ways. T…
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