85.021
Enforcement by persons not in privity with the owner.
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85.021 Enforcement by persons not in privity with the owner.—A person not in privity with the owner may resort to any of the remedies prescribed by s. 85.011. The judgment may provide for the recovery from the contractor or other person for whom the labor or material was furnished, if the contractor or other person is joined in the action, of the amount due by him or her, and from the owner of the amount due by the owner to the contractor or other person as aforesaid, at the time of the service of the notice provided for by s. 713.75 of part II of chapter 713, as well as enforce the lien against the property of such owner for such amount, but only one satisfaction of the judgment shall be had. Although no lien is found to exist and no judgment rendered against the owner, judgment may be rendered against the contractor or other person for whom the labor or materials were furnished for the amount due by him or her.
History.—RS 1744; s. 15, ch. 5143, 1903; GS 2213; RGS 3520; CGL 5383; s. 37, ch. 67-254; s. 456, ch. 95-147.
Note.—Former s. 86.07.
Notes of Decisions
Cited in 2
cases, 1969–1972 · leading case: Canada Dry Bottling Co. of Florida v. Meekins, Inc.
Canada Dry Bottling Co. of Florida v. Meekins, Inc. (1969)
“Stat. (1965), F.S.A. 9 The appellants’ third point is inapplicable and without merit.”
Logan Construction Co. v. Warren Bros. Construction Co. (1972)
“The same language in the statutory provision of § 85.021 for enforcement of liens by persons not in privity speaks of liability for “the amount due by him” and also for judgment “against the contractor or other person for whom the labor or materials were furnished for the amount…”
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