Florida/Georgia Personal Injury & Workers Compensation

...The defendant argues the trial court abused its discretion in denying the motion to vacate because the judgment is void. He claims the judgment is void because the complaint failed to state a cause of action against him for breach of contract. He also argues that the count for foreclosure of the construction lien under section 713.12, Florida Statutes (2009), amounted to an “ambush tactic” because it failed to put the defendant on notice....

...Houser, 949 So.2d 1155, 1157 (Fla. 4th DCA 2007). However, if the default judgment is void, the appellant does not need to establish these elements. Green Solutions Int’l, Inc. v. Gilligan, 807 So.2d 693, 696 (Fla. 5th DCA 2002) (emphasis added). Under section 713.12, if one spouse enters into a contract for improvements to real property, the non-contracting spouse’s interest in the property is also bound under the agreement so long as the property is owned by at least one spouse and the couple is not living apart. § 713.12, Fla....

...2d DCA 2007) (“A trial court’s lack of subject-matter jurisdiction makes its judgment void.”). Although the plaintiff acknowledges that it did not allege a breach of contract claim against the defendant, it still argues that the final default judgment is proper because the defendant incurred liability, pursuant to section 713.12. This argument *1250 fails because section 713.12 does not impose personal liability for breach on a non-contracting spouse....

...We have considered all the points raised by the appellant in its brief in light of the record and applicable principles of law, and have concluded that no reversible error has been demonstrated. Therefore, the judgment appealed is affirmed. Affirmed. NOTES [1] 713.10 Extent of liens. Except as provided in § 713.12, liens under part I of this chapter shall extend to, and only to, the right, title and interest of the person who contracts for the improvement as such right, title and interest exists at the commencement of the improvement or is thereafter acquired in the real property....

...Section 713.13(1)(a), Florida Statutes (1995), provides “[e]xcept for an improvement that is exempt ... an owner or the owner’s authorized agent before actually commencing to improve any real property ... shall record a notice of commencement in the clerk’s office .... ” (Emphasis added). Moreover, section 713.12 provides that when a contract for improving property is made with a husband or wife, and the property is owned by one or both, the spouse who contracts shall be deemed the agent of the other to the extent of subjecting the title of the other to liens....

...proving real property has no interest as owner in the land, no lien shall attach to the land . . . .” § 713.11, Fla. Stat. (2021) (emphasis added). 1 Further, section 713.10, Florida Statutes (2021), provides: (1) Except as provided in s. 713.12,[2] a lien under this part shall extend to, and only to, the right, title, and interest of the person who contracts for the improvement as such right, title, and interest exists at the commencement of the improvement or is thereafter acquired in the real property....

...s not on the property, but on the leasehold interest of that tenant. 1 The parties were afforded an extensive hearing and yet the record indicates that the petitioners did not once refer section 713.11 to the trial judge. 2 Inapplicable here, section 713.12 is titled: Liens for improving real property under contract with husband or wife on property of the other or of both. 7  Finally, the Memorandum of Ground Lease between Oleta and the Ci...