CopyCited 23 times | Published | Florida 4th District Court of Appeal
...Club at 755 Dotterel Road, and that, having received the signed certificates, Symons relied on this evidence of delivery that Notice to Owner had properly been served. For serving its Notice to Owner, Symons utilized one of the methods prescribed in Section 713.18, as follows: By mailing the same, postage prepaid, by registered or certified mail to the person to be served at his last known address and evidence of delivery. Section 713.18(1)(c), Florida Statutes (1983)....
CopyCited 13 times | Published | District Court, S.D. Florida | 1974 U.S. Dist. LEXIS 7707
...[6] Moreover, the claim of lien must be signed and verified on personal oath by the lienor, his agent or attorney. The individual must be acquainted with the facts stated in it. [7] After a claim of lien is recorded, a copy must be served on the owner in the manner set forth in F.S. § 713.18, F.S....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 1991 WL 85552
...ommencing to furnish services or materials. The failure to timely serve the notice constitutes a complete defense to the enforcement of a lien. §
713.06(2)(a), Fla. Stat. (1987). Such notice may be served by certified mail and evidence of delivery. §
713.18(1)(b), Fla....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal
...r with notice of potential claimants on the bond, was satisfied. Accordingly, we hold that the notice furnished to Blosam by Backhoe complied with the notice requirements of section
255.05(2). Even if we agreed with appellants, which we do not, that section
713.18(1) provides the exclusive means for service of the notices required in section
255.05(2), we would nevertheless affirm on the ground that the mailing, which was addressed to the corporation rather than to an officer, director, managing agent, or business agent, substantially complied with the requirements of section
713.18(1)(c) under the facts of this case. See Bowen v. Merlo,
353 So.2d 668 (Fla. 1st DCA 1978) (fact that notice was mailed by regular mail rather than by certified mail did not render notice defective under section
713.18(1)(c) since owner received actual notice of the claim of lien); see generally United States v....
...No action shall be instituted against the contractor or the surety on the bond after 1 year from the performance of the labor or completion of delivery of the materials or supplies. [2] It is undisputed that Backhoe complied with the second or ninety-day notice requirement of section
255.05(2). [3] Section
713.18(1) provides the following methods for service of notices, claims of lien, affidavits, assignments, and other instruments under the Mechanics' Lien Law: (a) By serving in the manner provided by law for the service of process....
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...ail", rather than where "registered mail" is required. Our ruling is consistent with that of the District Court of Appeal, Second District, in Daly Aluminum Products, Inc. v. Stockslager, supra, which dealt with a portion of the mechanic's lien law, Section 713.18(1)(c), Florida Statutes, which required mailing of notice by "registered mail or certified mail"....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...District Court of Appeal of Florida, First District. January 6, 1978. Ernest D. Jackson, Sr., Jacksonville, for appellant. Fred M. Johnson, Jacksonville, for appellees. PER CURIAM. Appellant contends that the trial court erred in holding as a matter of law that he did not comply with Section 713.18, Florida Statutes, the Mechanics' Lien Law, on grounds that he mailed his claim of lien to the owner by regular mail instead of by certified or registered mail as required by Section 713.18(1)(c)....
...It is undisputed that the owner here received actual notice of the claim of lien. We agree with the court in Vitra-Spray of Florida, Inc., v. Gumenick,
144 So.2d 533 (Fla. 3rd DCA 1962) that notice is the important element dealt with by the section. We note in addition that Section
713.18(1)(b) specifically allows the claim to be served by actual delivery and there is no doubt that actual delivery was accomplished here....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...Appellant, Continental Home Parks, Inc. (Continental hereinafter), now appeals from an adverse judgment. We reverse. The only issues at trial were: First, whether Golden Triangle properly served a "Notice to Owner" on Continental as required by F.S. § 713.18, F.S.A....
...to Golden Triangle. On the first point, the trial court found that there was "actual delivery" of Notice to Owner as required. Our disagreement with the trial court on this point renders unnecessary any comment on its ruling on the second point. *51 Section 713.18, supra, provides that service of all notices required under the mechanics' lien law shall be made by one of four methods: (a) By serving in the manner provided by law for the service of process....
...er." On this evidence, the trial judge concluded that there was "good and valid service under Chapter 713 of the Florida Statutes." We disagree. In our view no version of the foregoing evidence supports a finding of sufficient compliance with § *52 713.18(1)(b), supra....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1999 Fla. App. LEXIS 9508, 1999 WL 525442
...ommencement. See *607 §
713.06(2)(e), Fla. Stat. (1993) (providing that in the absence of a recorded notice of commencement, the lienor may rely on the information contained in the building permit application to serve the notice to owner); see also §
713.18(1)(b), Fla....
CopyPublished | Florida 4th District Court of Appeal
...prejudice and
discharged petitioner’s lis pendens and lien recorded against the subject
property. The trial court concluded that petitioner failed to properly serve
the claim of lien or contractor’s affidavit in accordance with the provisions
of section 713.18, Florida Statutes (2019) and therefore was not within the
applicable statute of limitations....
...the claim, while subsection (4)(c)
provides that the claim of lien shall be served on the owner. That
subsection provides:
(c) The claim of lien shall be served on the owner. Failure to
serve any claim of lien in the manner provided in s. 713.18
before recording or within 15 days after recording shall render
the claim of lien voidable to the extent that the failure or delay
is shown to have been prejudicial to any person entitled to rely
on the service.
Section 713.18 provides for the method of service of a claim of lien:
(1) Service of notices, claims of lien, affidavits, assignments,
and other instruments permitted or required under this part,
or copies thereof when so permitted...
...made to any particular address, subsection (3)(a) provides that it must be
sent to certain addresses to be effective on the mailing date when it is not
received by the property owner.
Contractor did not send the claim of lien to the address listed on the
notice of commencement under section 713.18(3)(a)1....
...This was
based upon counsel’s experience with attempting and finally securing
service on the Owner for a subcontractor’s claim of lien.
Both certified mailings were returned as unclaimed or undeliverable.
Thus, Contractor contends that in accordance with section 713.18(3)(a)2.
the claim of lien was served within fifteen days of its recording, making it
timely.
Whether the claim of lien was timely served depends upon the
construction of subsection (3)(a)1....
...suit in accordance with section
713.06(3)(d)1., Florida Statutes (2019).
Contractor’s documents reflect that counsel sent the affidavit months
before suit was filed via certified and regular mail to the address on the
notice of commencement. That would comply with section
713.18(3)(a)1.
if there was evidence of non-delivery of the certified letter or proof that it
6
was not delivered “through no fault of the person serving the item.” §
713.18(3)(a)2., Fla....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 625, 1985 Fla. App. LEXIS 12647
...received by, Magna Properties, Inc., an admitted general partner in the limited partnership of Brittany-Melbourne I, Limited. We hold, as a matter of law, that this was sufficient to establish service and delivery of the claim of lien as required by section 713.18(l)(c), Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 15518
...preliminary notice on the defendants by mailing it to them in care of Davis, was insufficient under the statute to effect a service thereof on the owners. In that case, a subcontractor attempted to serve such a notice under a different subsection of Section 713.18, which provided as an alternate method of service, actual delivery of the notice to the owner, specifying: “if a corporation, to an officer, director, managing agent, or business agent thereof”....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 701, 1985 Fla. App. LEXIS 12983
...of lien was delivered, the lessee objected on the basis that such evidence was outside the scope of the pleadings. The lessee claimed the complaint was insufficient because it did not allege that the lessee received the claim of lien as required by section 713.18, Florida Statutes....
...and by dismissing the action. REVERSED AND REMANDED. ORFINGER, J., concurs. COBB, C.J., concurs specially with opinion. . See generally §§
713.01-713.37, Fla.Stat. (mechanic’s liens), and especially §
713.08(l)(c), Fla.Stat. (claim of lien). . Section
713.18(l)(c), Florida Statutes, reads as follows: "Services of notices, claims of lien, affidavits, assignments and any instruments permitted or required hereunder, or copies thereof when so permitted or required, unless otherwise specifically provided in this part I, shall be made by one of the following methods: ......
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 14812
failed to comply with the provisions of Fla.Stat. §
713.18, in that it alleged service of the statutory notice
CopyPublished | Supreme Court of Florida | 14 Fla. L. Weekly 268, 1989 Fla. LEXIS 504, 1989 WL 57948
...ncumbrance on the property. Lienors working for a subcontractor must serve a *1014 copy of the NTO on the contractor. Lienors working for a sub-subcontractor must serve the NTO on the subcontractor and the contractor. Service is defined in Fla.Stat. § 713.18 and includes actual delivery, mailing by certified or registered mail, or, if the above cannot be accomplished, posting on the premises....
CopyPublished | Florida 4th District Court of Appeal
...prejudice and
discharged petitioner’s lis pendens and lien recorded against the subject
property. The trial court concluded that petitioner failed to properly serve
the claim of lien or contractor’s affidavit in accordance with the provisions
of section 713.18, Florida Statutes (2019), and therefore was not within
the applicable statute of limitations....
...the claim, while subsection (4)(c)
provides that the claim of lien shall be served on the owner. That
subsection provides:
(c) The claim of lien shall be served on the owner. Failure to
serve any claim of lien in the manner provided in s. 713.18
before recording or within 15 days after recording shall render
the claim of lien voidable to the extent that the failure or delay
is shown to have been prejudicial to any person entitled to rely
on the service.
Section 713.18 provides for the method of service of a claim of lien:
(1) Service of notices, claims of lien, affidavits, assignments,
and other instruments permitted or required under this part,
or copies thereof when so permitted...
...made to any particular address, subsection (3)(a) provides that it must be
sent to certain addresses to be effective on the mailing date when it is not
received by the property owner.
Contractor did not send the claim of lien to the address listed on the
notice of commencement under section 713.18(3)(a)1....
...This was
based upon counsel’s experience with attempting and finally securing
service on the Owner for a subcontractor’s claim of lien.
Both certified mailings were returned as unclaimed or undeliverable.
Thus, Contractor contends that in accordance with section 713.18(3)(a)2.
the claim of lien was served within fifteen days of its recording, making it
timely.
Whether the claim of lien was timely served depends upon the
construction of subsection (3)(a)1....
...suit in accordance with section
713.06(3)(d)1., Florida Statutes (2019).
Contractor’s documents reflect that counsel sent the affidavit months
before suit was filed via certified and regular mail to the address on the
notice of commencement. That would comply with section
713.18(3)(a)1.
if there was evidence of non-delivery of the certified letter or proof that it
was not delivered “through no fault of the person serving the item.” §
713.18(3)(a)2., Fla....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 900, 1985 Fla. App. LEXIS 13346
...The Notice to Owner sent by appellant to the owner’s home address and received by the secretary of the son of the owner at the son’s office (which was the street address designated by the owner in his Notice of Commencement for service of such notices) was sufficient to comply with section 713.18, Florida Statutes....
