CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1995 Fla. App. LEXIS 9564, 1995 WL 539682
...Moreover, because the two contracts were distinct, the contractor was required to file two claims of lien even though the work was done on the same structure. A single claim of lien may be filed "for more than one improvement under the same direct *367 contract." § 713.09, Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...Smith, Hulsey, Schwalbe & Nichols and James H. Post, Jacksonville, for appellees. Before PEARSON, HENDRY and HAVERFIELD, JJ. PEARSON, Judge. The controlling question on this appeal is whether the plaintiff lienor, who is the appellant here, perfected a blanket lien, pursuant to Fla. Stat. § 713.09(1), [1] upon several, separate lots....
...nety days prior to the filing of his claim of lien. The trial judge held that the claim of lien was not valid because plaintiff had no "same direct contract" with the builder and, therefore, did not come within the protections afforded by Fla. Stat. § 713.09....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 181
...ve the general contractor and surety a benefit to which they plainly would not be entitled if "ordinary" materials were involved. As Rakusin says: Obviously, if specially fabricated items are delivered to the jobsite, or delivered as provided for in § 713.09, the lienor has the same entitlement to a lien for their furnishing as for materials which are actually incorporated....
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 1980 Bankr. LEXIS 4894
...Lot 25 - $ 267.28 Lot 29 - $1,640.68 Lot 14 - $ 41.18 Lot 23 - $ 866.37 Lot 27 - $1,360.73 12. The claim of ROOF STRUCTURES is allowed as filed in the sum of $32,866.00. CONCLUSIONS OF LAW 1. Chapter 713 of the Florida Statutes governs generally the filing of liens against real property. 2. F.S. 713.09 contains a specific provision for those circumstances when a single claim of lien is sufficient. F.S. 713.09 provides in part: “(1) A lienor shall be required to record only one claim of lien covering his entire ■ demand against such real property where the amount demanded is for labor services or materials furnished ......
...for more than one improvement to be operated as separate units on separate lots, parcel or tracts of land but improved in one continuous building operation, such as, but not limited to, a housing or multiple unit dwelling project . under the same direct contract . . . ” 3. F.S. 713.09 defines “direct contract” as a contract ....
CopyPublished | Florida 3rd District Court of Appeal | 14 Fla. L. Weekly 2446, 1989 Fla. App. LEXIS 7281, 1989 WL 120875
...de provision allowing evidence of routine practice in lieu of proof of every individual sale. Coastal also argues that over-the-counter sales constitute delivery "by a lienor to a place designated by the person with whom the materialman contracted," § 713.09, Fla....
CopyPublished | Florida 4th District Court of Appeal | 14 Fla. L. Weekly 834, 1989 Fla. App. LEXIS 1721, 1989 WL 30826
...at remain to be resolved. See Allstate Insurance Combany v. Powell,
420 So.2d 113 (Fla. 4th DCA 1982). An important issue before the trial court was whether the contract between the parties constituted a “same direct contract” as contemplated by section
713.09, Florida Statutes (1987)....
...The trial court ruled as a matter of law that no “same direct contract” was involved. We do not hold that, as a matter of law, a “same direct contract” was established by the evidence. We hold simply that a question of fact existed, based upon the record, as to whether section 713.09 applied here, and we reverse for that reason....
