ERNEST F. SHAD
v.
MATTHEW ARNOW AND DAISY ARNOW, HIS WIFE
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A contractor who fails to comply with statutory pre-suit requirements forfeits the right to claim any lien, precluding enforcement under subsequent statutory provisions.
A contractor filed a bill of complaint to enforce a lien against a property owner. The suit was dismissed because the contractor had not complied with…
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The appeal here is from order dismissing bill of complaint by which it was sought to enforce an alleged contractors lien against the owner on certain property.
The motion granted to dismiss the suit was based on the provisions of Sec. 84.04 sub-paragraph (3) Fla. Stats. 1941 (same F.S.A.) because contractor had not before institution of suit complied with the provisions of the statute, supra.
The decree must be affirmed on authority of Buker v. Webster, 140 Fla. 470, 191 So. 385, and Dodson v. Florida Nursery & Landscape Co., 138 Fla. 887, 190 So. 695.
Sections 84.29, 84.30 and 84.31, Fla. Stats. 1941 (same F.S.A.) can only be construed to apply in cases where the claimant contractor has established the right to enforce his lien as to at least a part of the amount claimed. In the instant case the contractor had by his non-compliance with Section 84.04, supra, forfeited his right to claim any lien and was, therefore, not entitled to have any judgment in his favor under Sections 84.29 et seq., supra.
Judgment affirmed.
So ordered.
BROWN, THOMAS and SEBRING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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B. Irwin Emery et ux. v. Int'l Glass & MFG., Inc., 249 So. 2d 496 (Fla. 2d DCA 1971)…state affecting special statutory proceedings, of which the mechanics’ lien law is one. The judgment appealed from should be, and it is hereby, affirmed. Affirmed. LILES, A. C. J., and MANN, J., concur. . See, Shad v. Arnow (1944), 155 Fla. 164, 19 So. 2d 612 and Halifax Construction Co. v. Chastain Groves, Inc. (Fla.App.1966), 192 So. 2d 15. Also, cf., Wood v. Wilson (Fla.1955), 84 So. 2d 32 and Miami Highland Park, Inc. v. Leslie (Fla.App.1962), 142 So. 2d 754. . See, Miníele v. Miníele Drug Co. (1935…
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Hardee v. Richardson, 47 So.2d 520 (Fla. 1950)…, 138 Fla. 887, 190 So. 695; Buker v. Webster, 140 Fla. 471, 191 So. 835; Pinellas Lumber Co. v. Lynch, 140 Fla. 559, 192 So. 475; Roughan v. Rogers, 145 Fla. 421, 199 So. 572; Fred Howland, Inc., v. Gore, 152 Fla. 781, 13 So. 2d 303; Shad v. Arnow, 155 Fla. 164, 19 So. 2d 612. It is plain, therefore, that had the defendants in the case at bar moved to dismiss the original *523 bill on the ground that it was without equity, instead of electing to forego that procedure and to go to trial on an answer travers…
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Surf Props., Inc. v. Markowitz Bros., Inc., 75 So. 2d 298 (Fla. 1954)…nstant suit, as authorized by Section 84.29, Florida Statutes, F.S.A., since that statute only applies “in cases where the claimant contractor has established the right to enforce his lien as to at least a part of'the amount claimed.” Shad v. Arnow, 155 Fla. 164, 19 So. 2d 612, 613. Accordingly, the decree appealed from should be and it is hereby Reversed. TERRELL, SEBRING and MATHEWS, JJ., concur.…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dodson v. Fla. Nursery & Landscape Co., 138 Fla. 887 (Fla. 1939)
- Roberts v. Ebeneezer Wesleyan Methodist Church of W. Palm Beach, 140 Fla. 470 (Fla. 1939)