Notes of Decisions
Tuttle/white Constructions, Inc. v. Hughes Supply, Inc., 371 So. 2d 559 (Fla. 4th DCA 1979).
· cites it 26× “However, to hold that materialmen such as Hughes are completely barred from recovering payment once the amount funded under a particular subcontract has been disbursed, not only violates the express purpose of the Mechanic's Lien law, to-wit: insuring the lienor's right to…”
Symons Corp. v. Tartan-Lavers Delray Beach, 456 So. 2d 1254 (Fla. 4th DCA 1984).
· cites it 12× “Though Section 713.06, Florida Statutes, pertaining to Notice of Owner does not contain a comparable provision, reading the statutes in pari materia would allow a similar construction on the Notice to Owner.”
Stock Bldg. Supply of Florida, Inc. v. Soares Da Costa Constr. Servs., LLC, 76 So. 3d 313 (Fla. 3d DCA 2011).
· cites it 21× “Where a contractor does not have a statutory bond in place, section 713.06, Florida Statutes (2004), provides that a materialman, laborer or subcontractor who is not in privity with the owner may acquire a lien on the real property improved for any money that is owed to him or…”
Trump Endeavor 12, LLC v. Fernich, Inc., Etc., 216 So. 3d 704 (Fla. 3d DCA 2017).
· cites it 15× “06(1) provides: A materialman or laborer, either of whom is not in privity with the owner, or a subcontractor or sub-subcontractor who complies with the provisions of this part and is subject to the limitations thereof, has a lien on the real property improved for any money that…”
Sprinkler Fitters v. FITR SERV., 461 So. 2d 144 (Fla. 3d DCA 1984).
· cites it 18× “Here, however, since the laborers' claim of lien is limited to wages, it necessarily follows that the laborers are the only proper plaintiffs in the suit and that the union and the trustees' claims must be dismissed.”
Peninsular Supply Co. v. CB Day Realty of Fla., Inc., 423 So. 2d 500 (Fla. 3d DCA 1982).
· cites it 8× “§ 713.06, Fla. Stat. (1979). The trial court dismissed the complaint to impress an equitable lien upon the undisbursed construction funds for the stated reason that there was no perfected statutory lien.”
Sarasota Com. Refrigeration v. Schooley, 381 So. 2d 1141 (Fla. 2d DCA 1980).
· cites it 10× “The order of summary judgment was predicated on the requirement of Section 713.06(2)(a), Florida Statutes (1977) that mechanics' lienors serve a notice to owners of real property in order to be entitled to a mechanics' lien on the property.”
Stunkel v. Gazebo Landscaping Design, Inc., 660 So. 2d 623 (Fla. 1995).
· cites it 10× “We also hold that the forty-five-day period for giving notice to the owner of a possible lien claim under section 713.06, Florida Statutes (1991), starts when a subcontractor begins to furnish services or materials at the job site.”
FLORIDA STEEL v. Adaptable Developments, 503 So. 2d 1232 (Fla. 1986).
· cites it 7× “We found the owner entitled to the protection of section 713.06, Florida Statutes (1971), [3] provided he strictly complied with the requirements of the statute.”
Zaleznik v. Gulf Coast Roofing Co., Inc., 576 So. 2d 776 (Fla. 2d DCA 1991).
· cites it 11× “[1] The Zalezniks refused to pay these subcontractors, maintaining that they had no obligation to pay them under section 713.06, Florida Statutes (1985). This litigation ensued.”
Royal v. Clemons, 394 So. 2d 155 (Fla. 4th DCA 1981).
· cites it 17× “With regard to the mechanics lien, the trial judge stated the issue as whether the lien was valid in view of the fact appellee did not timely file his notice to owner pursuant to Section 713.06(2)(a), Florida Statutes (1977).”
Lindberg v. Hosp. Corp. of Am., 545 So. 2d 1384 (Fla. 4th DCA 1989).
· cites it 8× “28 or section 713.06(3)(d)1. I would adopt the reasoning of the second district in Solimando v.”
— 713.06(1) — 23 cases
Sprinkler Fitters v. FITR SERV., 461 So. 2d 144 (Fla. 3d DCA 1984).
“Here, however, since the laborers' claim of lien is limited to wages, it necessarily follows that the laborers are the only proper plaintiffs in the suit and that the union and the trustees' claims must be dismissed.”
Stock Bldg. Supply of Florida, Inc. v. Soares Da Costa Constr. Servs., LLC, 76 So. 3d 313 (Fla. 3d DCA 2011).
“Where a contractor does not have a statutory bond in place, section 713.06, Florida Statutes (2004), provides that a materialman, laborer or subcontractor who is not in privity with the owner may acquire a lien on the real property improved for any money that is owed to him or…”
Stunkel v. Gazebo Landscaping Design, Inc., 660 So. 2d 623 (Fla. 1995).
“We also hold that the forty-five-day period for giving notice to the owner of a possible lien claim under section 713.06, Florida Statutes (1991), starts when a subcontractor begins to furnish services or materials at the job site.”
— 713.06(2) — 29 cases
Trump Endeavor 12, LLC v. Fernich, Inc., Etc., 216 So. 3d 704 (Fla. 3d DCA 2017).
“06(1) provides: A materialman or laborer, either of whom is not in privity with the owner, or a subcontractor or sub-subcontractor who complies with the provisions of this part and is subject to the limitations thereof, has a lien on the real property improved for any money that…”
— 713.06(2)(a) — 68 cases
Sarasota Com. Refrigeration v. Schooley, 381 So. 2d 1141 (Fla. 2d DCA 1980).
“The order of summary judgment was predicated on the requirement of Section 713.06(2)(a), Florida Statutes (1977) that mechanics' lienors serve a notice to owners of real property in order to be entitled to a mechanics' lien on the property.”
Symons Corp. v. Tartan-Lavers Delray Beach, 456 So. 2d 1254 (Fla. 4th DCA 1984).
“Though Section 713.06, Florida Statutes, pertaining to Notice of Owner does not contain a comparable provision, reading the statutes in pari materia would allow a similar construction on the Notice to Owner.”
Royal v. Clemons, 394 So. 2d 155 (Fla. 4th DCA 1981).
“With regard to the mechanics lien, the trial judge stated the issue as whether the lien was valid in view of the fact appellee did not timely file his notice to owner pursuant to Section 713.06(2)(a), Florida Statutes (1977).”
Stunkel v. Gazebo Landscaping Design, Inc., 660 So. 2d 623 (Fla. 1995).
“We also hold that the forty-five-day period for giving notice to the owner of a possible lien claim under section 713.06, Florida Statutes (1991), starts when a subcontractor begins to furnish services or materials at the job site.”
Peninsular Supply Co. v. CB Day Realty of Fla., Inc., 423 So. 2d 500 (Fla. 3d DCA 1982).
“§ 713.06, Fla. Stat. (1979). The trial court dismissed the complaint to impress an equitable lien upon the undisbursed construction funds for the stated reason that there was no perfected statutory lien.”
— 713.06(2)(b) — 3 cases
Zaleznik v. Gulf Coast Roofing Co., Inc., 576 So. 2d 776 (Fla. 2d DCA 1991).
“[1] The Zalezniks refused to pay these subcontractors, maintaining that they had no obligation to pay them under section 713.06, Florida Statutes (1985). This litigation ensued.”
Trump Endeavor 12, LLC v. Fernich, Inc., Etc., 216 So. 3d 704 (Fla. 3d DCA 2017).
“06(1) provides: A materialman or laborer, either of whom is not in privity with the owner, or a subcontractor or sub-subcontractor who complies with the provisions of this part and is subject to the limitations thereof, has a lien on the real property improved for any money that…”
— 713.06(2)(c) — 9 cases
Trump Endeavor 12, LLC v. Fernich, Inc., Etc., 216 So. 3d 704 (Fla. 3d DCA 2017).
“06(1) provides: A materialman or laborer, either of whom is not in privity with the owner, or a subcontractor or sub-subcontractor who complies with the provisions of this part and is subject to the limitations thereof, has a lien on the real property improved for any money that…”
— 713.06(2)(d) — 3 cases
Zaleznik v. Gulf Coast Roofing Co., Inc., 576 So. 2d 776 (Fla. 2d DCA 1991).
“[1] The Zalezniks refused to pay these subcontractors, maintaining that they had no obligation to pay them under section 713.06, Florida Statutes (1985). This litigation ensued.”
— 713.06(2)(e) — 1 case
— 713.06(2)(f) — 1 case
Trump Endeavor 12, LLC v. Fernich, Inc., Etc., 216 So. 3d 704 (Fla. 3d DCA 2017).
“06(1) provides: A materialman or laborer, either of whom is not in privity with the owner, or a subcontractor or sub-subcontractor who complies with the provisions of this part and is subject to the limitations thereof, has a lien on the real property improved for any money that…”
— 713.06(3) — 20 cases
— 713.06(3)(a) — 8 cases
Royal v. Clemons, 394 So. 2d 155 (Fla. 4th DCA 1981).
“With regard to the mechanics lien, the trial judge stated the issue as whether the lien was valid in view of the fact appellee did not timely file his notice to owner pursuant to Section 713.06(2)(a), Florida Statutes (1977).”
— 713.06(3)(c) — 3 cases
— 713.06(3)(c)(1) — 1 case
Tuttle/white Constructions, Inc. v. Hughes Supply, Inc., 371 So. 2d 559 (Fla. 4th DCA 1979).
“However, to hold that materialmen such as Hughes are completely barred from recovering payment once the amount funded under a particular subcontract has been disbursed, not only violates the express purpose of the Mechanic's Lien law, to-wit: insuring the lienor's right to…”
— 713.06(3)(c)(4) — 2 cases
Tuttle/white Constructions, Inc. v. Hughes Supply, Inc., 371 So. 2d 559 (Fla. 4th DCA 1979).
“However, to hold that materialmen such as Hughes are completely barred from recovering payment once the amount funded under a particular subcontract has been disbursed, not only violates the express purpose of the Mechanic's Lien law, to-wit: insuring the lienor's right to…”
— 713.06(3)(d) — 59 cases
— 713.06(3)(d)(1) — 21 cases
Lindberg v. Hosp. Corp. of Am., 545 So. 2d 1384 (Fla. 4th DCA 1989).
“28 or section 713.06(3)(d)1. I would adopt the reasoning of the second district in Solimando v.”
Tuttle/white Constructions, Inc. v. Hughes Supply, Inc., 371 So. 2d 559 (Fla. 4th DCA 1979).
“However, to hold that materialmen such as Hughes are completely barred from recovering payment once the amount funded under a particular subcontract has been disbursed, not only violates the express purpose of the Mechanic's Lien law, to-wit: insuring the lienor's right to…”
— 713.06(3)(d)(2) — 3 cases
Tuttle/white Constructions, Inc. v. Hughes Supply, Inc., 371 So. 2d 559 (Fla. 4th DCA 1979).
“However, to hold that materialmen such as Hughes are completely barred from recovering payment once the amount funded under a particular subcontract has been disbursed, not only violates the express purpose of the Mechanic's Lien law, to-wit: insuring the lienor's right to…”
Symons Corp. v. Tartan-Lavers Delray Beach, 456 So. 2d 1254 (Fla. 4th DCA 1984).
“Though Section 713.06, Florida Statutes, pertaining to Notice of Owner does not contain a comparable provision, reading the statutes in pari materia would allow a similar construction on the Notice to Owner.”
— 713.06(3)(d)(5) — 4 cases
Tuttle/white Constructions, Inc. v. Hughes Supply, Inc., 371 So. 2d 559 (Fla. 4th DCA 1979).
“However, to hold that materialmen such as Hughes are completely barred from recovering payment once the amount funded under a particular subcontract has been disbursed, not only violates the express purpose of the Mechanic's Lien law, to-wit: insuring the lienor's right to…”
— 713.06(3)(d)(6) — 1 case
— 713.06(3)(d)(6)(h) — 1 case
— 713.06(3)(d)(l) — 11 cases
— 713.06(3)(e) — 1 case
Zaleznik v. Gulf Coast Roofing Co., Inc., 576 So. 2d 776 (Fla. 2d DCA 1991).
“[1] The Zalezniks refused to pay these subcontractors, maintaining that they had no obligation to pay them under section 713.06, Florida Statutes (1985). This litigation ensued.”
— 713.06(3)(h) — 4 cases
— 713.06(4) — 4 cases
Stock Bldg. Supply of Florida, Inc. v. Soares Da Costa Constr. Servs., LLC, 76 So. 3d 313 (Fla. 3d DCA 2011).
“Where a contractor does not have a statutory bond in place, section 713.06, Florida Statutes (2004), provides that a materialman, laborer or subcontractor who is not in privity with the owner may acquire a lien on the real property improved for any money that is owed to him or…”
— 713.06(4)(a) — 2 cases
Sprinkler Fitters v. FITR SERV., 461 So. 2d 144 (Fla. 3d DCA 1984).
“Here, however, since the laborers' claim of lien is limited to wages, it necessarily follows that the laborers are the only proper plaintiffs in the suit and that the union and the trustees' claims must be dismissed.”
— 713.06(4)(b) — 1 case
— 713.06(5)(d)(1) — 1 case
— 713.06(a) — 1 case
— 713.06(d) — 1 case
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treatment. Dots show Syfertize treatment of the citing case itself.