JOHN BOWEN, D/B/A CROCKETT ASSOCIATES OF FLORIDA, APPELLANT,
v.
THOMAS J. MERLO ET UX., APPELLEES
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PER CURIAM.
Appellant contends that the trial court erred in holding as a matter of law that he did not comply with Section 713.18, Florida Statutes, the Mechanics’ Lien Law, on grounds that he mailed his claim of lien to the owner by regular mail instead of by certified or registered mail as required by Section 713.18(l)(c). We concur and reverse. It is undisputed that the owner here received actual notice of the claim of lien. We agree with the court in Vitra-Spray of Florida, Inc., v. Gumenick, 144 So. 2d 533 (Fla. 3rd DCA 1962) that notice is the important element dealt with by the section. We note in addition that Section 713.-18(l)(b) specifically allows the claim to be served by actual delivery and there is no doubt that actual delivery was accomplished here. Continental Home Parks, Inc., v. Golden Triangle Asphalt Paving Co., 291 So. 2d 49 (Fla. 2d DCA 1974), cited by Ap- pellees, is distinguishable because there was no allegation there that the proper person ever received notice of the claim.
REVERSED and REMANDED.
McCORD, C. J., and BOYER and MELVIN, JJ., concur.
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Patry v. William L. Capps, M.D., 633 So. 2d 9 (Fla. 1994)…561 So. 2d 1227 (Fla. 2d DCA 1990) (statute that provides for delivery of notice by certified or registered mail, return receipt requested, in worthless check action required only some type of personal delivery beyond regular mail); Bowen v. Merlo, 353 So. 2d 668 (Fla. 1st DCA 1978) (actual delivery of notice by regular mail was sufficient under notice requirement of Mechanics’ Lien Law that provided for delivery of notice of claim by certified or registered mail). Most notably, in Phoenix Ins. Co. v. McCorm…
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The Phoenix Ins. Co. v. McCORMICK, 542 So. 2d 1030 (Fla. 2d DCA 1989)…requirement for notice by certified or registered mail concerning mechanics’ liens is ineffective in cases where the owner receives actual notice by regular mail. Blosam Contractors, Inc. v. Joyce, 451 So. 2d 545 (Fla. 2d DCA 1984); Bowen v. Merlo, 353 So. 2d 668 (Fla. 1st DCA 1978). We are not unmindful of the rules of statutory construction which prevent judicial interpretation of clear and unambiguous statutory language. A literal interpretation of statutory language, however, is not required when it wou…
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Blosam Contractors, Inc. v. Joyce, 451 So. 2d 545 (Fla. 2d DCA 1984)…d that the mailing, which was addressed to the corporation rather than to an officer, director, managing agent, or business agent, substantially complied with the requirements of section 713.18(l)(c) under the facts of this case. See Bowen v. Merlo, 353 So. 2d 668 (Fla. 1st DCA 1978) (fact that notice was mailed by regular mail rather than by certified mail did not render notice defective under section 713.18(l)(c) since owner received actual notice of the claim of lien); see generally United States v. Barlow…
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- Vitra-Spray OF Fla., Inc. v. Gumenick, 144 So. 2d 533 (Fla. 3d DCA 1962)
- Cont'l Home Parks, Inc. v. Golden Triangle Asphalt Paving Co., 291 So. 2d 49 (Fla. 2d DCA 1974)
- Seeley v. Louie L. Wainwright, 291 So. 2d 49 (Fla. 4th DCA 1974)