KOEHLER ELECTRICAL SUPPLY COMPANY, INC., APPELLANT,
v.
BERNARD BERKLEY AND MILDRED BERKLEY, HIS WIFE, AND AMERICAN FIDELITY FIRE INSURANCE CO., APPELLEES
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The court held that an action to foreclose a mechanic's lien filed on the anniversary of the claim of lien is timely.
Appellant recorded a claim of lien on August 16, 1976, and filed a complaint to foreclose on August 16, 1977. The trial court dismissed the action for…
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BERANEK, Judge.
We are called upon here to determine whether a mechanic’s lien was timely foreclosed. Appellant recorded a claim of lien on August 16,1976, and filed a complaint to foreclose the lien on August 16, 1977. The trial court dismissed the action with prejudice for failure to enforce the lien within one year. We reverse.
The applicable mechanic’s lien statute provides:
“No lien provided by part I shall continue for a longer period than 1 year after the claim of lien has been recorded, unless within that time an action to enforce the lien is commenced.” Fla.Stat. Sec. 713.22(1).
The Rules of Court uniformly prescribe that in computing time, the day of the event from which the period of time begins to run shall not be included. Rule 1.090(a) Fla.R. Civ.P., Rule 3.040 Fla.R.Crim.P., Rule 9.420(e) Fla.R.App.P. In construing Fla. Stat. Sec. 95.031 which provides for computation of time under statutes of limitation, the court in Morrey v. Eytchison & Hoppes, Inc., 338 So. 2d 558 (Fla.2d DCA 1976) simi larly held. Appellant’s complaint was, therefore, filed within one year and should not have been dismissed.
Reversed and remanded.
LETTS and MOORE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Charles Redi-Mix, Inc. v. Phillips, 580 So. 2d 166 (Fla. 4th DCA 1991)…rules apply to procedures under the statute to foreclose liens. This court has previously applied Rule 1.090(a) in construing whether or not a complaint to foreclose a mechanic’s lien was timely filed. See Koehler Elec. Supply Co., Inc. v. Berkley, 362 So. 2d 1043 (Fla. 4th DCA 1978). Thus, we have acknowledged that at least part of Florida Rule of Civil Procedure 1.090 applies. As the Greer opinion states, the rules of civil procedure are cumulative of the statutory procedure, and the two must be construed t…1 / 2
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Spielvogel v. Crown Realty Assocs., 465 So. 2d 532 (Fla. 4th DCA 1984)…the principles of time computation in other areas of the law, as well as the Florida Rules of Civil Procedure, which provide for exclusion of the day of the relevant event in calculating time. See, e.g., Koehler Electrical Supply Company v. Berkley, 362 So. 2d 1043 (Fla. 4th DCA 1978) (foreclosure of mechanic’s lien); Moorey v. Eytchison & Hoppes, Inc., 338 So. 2d 558 (Fla. 2d DCA 1976) (wrongful death statute of limitation); Florida Rule of Civil Procedure 1.090(a). This rule is uniformly applied in other sta…
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Site-Prep, Inc. v. Abdur Razzak TAI, 472 So. 2d 766 (Fla. 5th DCA 1985)…50); Scarlett v. Frederick, 147 Fla. 407, 3 So. 2d 165 (1941); Zentmeyer v. Ford Motor Co., 464 So. 2d 673 (Fla. 5th DCA 1985); Johnson v. Mortgage Investors of Washington, 410 So. 2d 541 (Fla. 2d DCA 1982); Koehler Electrical Supply Co. v. Berkley, 362 So. 2d 1043 (Fla. 4th DCA 1978); Moorey v. Eytchison & Hoppes, Inc., 338 So. 2d 558 (Fla. 2d DCA 1976). See also Fla.R.Civ.P. 1.090(a) and H. Trawick, Florida Practice & Procedure § 8-24 (1984 ed.). REVERSED and REMANDED. DAUKSCH and ORFINGER, JJ., concur.…
Authorities Cited
- Moorey v. Eytchison & Hoppes, Inc., 338 So. 2d 558 (Fla. 2d DCA 1976)