HUNT TRUCK SALES AND SERVICE, INC., A FLORIDA CORPORATION, APPELLANT,
v.
HOLOPAK VILLAGE ET AL. APPELLEES
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BERANEK, Judge.
This is an appeal from an order dismissing a complaint with prejudice for failure to state a cause of action. Appellant asserts 13 points on appeal. We find that all points are without merit and affirm. The main issue was whether the plaintiff/appellant stated a cause of action for foreclosure of a mechanic’s lien. The right to foreclose the mechanic’s lien was claimed to exist through a security agreement between plaintiff/appellant and a third party. A mechanic’s lien or a prospective mechanic’s lien may be assigned in Florida. Fla.Stat. § 713.19. It is our conclusion that plaintiff/appellant’s security interest in accounts and contracts is not an assignment of a mechanic’s lien and thus is not sufficient to transfer the right to fore close the mechanic’s lien. Therefore, the trial court correctly dismissed the complaint. The order appealed from is, therefore, affirmed.
AFFIRMED.
DAUKSCH, J., and GREEN, OLIVER L., Jr., Associate Judge, concur.
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Mainlands Constr. Co., Inc. v. Wen-Dic Constr. Co., Inc., 482 So. 2d 1369 (Fla. 1986)…ank). The district court of appeal determined that such an assignment was for security purposes only and transferred neither the mechanic’s lien nor the right to sue on the lien to the Bank. See Hunt Truck Sales and Service, Inc. v. Holopak Village, 363 So. 2d 27 (Fla. 4th DCA 1978), cert. denied, 370 So. 2d 459 (Fla.1979). We find the determination of whether the assignment was for security purposes only or if it was an assignment of a mechanic’s lien unnecessary in light of Westinghouse Electric Corp. v. C…
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Wen-Dic Constr. Co., Inc. v. Mainlands Constr. Co., Inc., 463 So. 2d 1187 (Fla. 2d DCA 1985)…that contrary to the trial court’s finding, the assignment of appellant’s interest in receivables from ap-pellee for security purposes, did not transfer the mechanic’s lien to the assignee. See Hunt Truck Sales and Service, Inc. v. Holopak Village, 363 So. 2d 27 (Fla. 4th DCA 1978), cert. denied, 370 So. 2d 459 (Fla.1979). Appellee next filed a motion to dismiss the amended count I of appellant’s counterclaim on the ground that appellant was barred from foreclosing on the lien under section 713.21(4). Unde…
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Fla. Nat'l Bank v. 1 Phillips Ctr., Ltd., 555 So. 2d 951 (Fla. 2d DCA 1990)…lenges the judgment and the award of attorney fees. It is apparent from the record that in finding the assignment of lien issued by the bankruptcy trustee ineffective, the trial court relied on Hunt Truck Sales and Service, Inc. v. Holopak Village, 363 So. 2d 27 (Fla. 4th DCA 1978), cert. den., 370 So. 2d 459 (Fla.1979), and Wen-Dic Construction Co. v. Mainlands Construction Co., 463 So. 2d 1187, 1188 (Fla. 2d DCA 1985), ap [*953] proved in part and quashed in part, 482 So. 2d 1369 (Fla.1986). Both cases ho…