Potts v. Orlando Building Service, Inc.

Florida District Courts of Appeal January 29, 1968

Potts v. Orlando Building Service, Inc., 206 So. 2d 221 (1968)

1968 Fla. App. LEXIS 6014

Cross, McCain, Walden

Opinion of the Court

WALDEN, Chief Judge.

Defendants, Jewell S. Potts, Jr., and his wife, Elsie Mae Potts, bring an interlocutory appeal from an order which denied their motion to dismiss plaintiff’s complaint *222for the enforcement of a mechanics lien. We reverse.

The much amended complaint fails to allege that the affidavit required by Section 84.061(3) (d), F.S.196S, F.S.A. as a prerequisite to institution of suit has been filed.

Such an omission is jurisdictional in nature 1 and requires that the complaint be dismissed.2

Reversed.

CROSS and McCAIN, JJ., concur.

. Brown v. First Federal Sav. & Loan Assoc., Fla.App.1964, 160 So.2d 556, (which dealt with Section 84.04(3), F.S.1959, the predecessor of Section 84.061(3) (d), F. S.1965, F.S.A.).

. Halifax Construction Co. v. Chastain Groves Inc., Fla.App.1966, 192 So.2d 15; Oper v. Russell, Inc., Fla.App.1967, 197 So.2d 13.

Reference

Full Case Name: Jewell S. POTTS, Jr., and Elsie Mae Potts, husband and wife v. ORLANDO BUILDING SERVICE, INC., a Florida corporation
Cited By: 4 cases
Status: Published