Fontainebleau Hotel Corp. v. Lowry Electric Co.
Cases that cite this one
3 later published cases cite this decision.
- Sowers v. Hoenstine (Fla. Dist. Ct. App. 1982)
- Leader Mortg. Co. v. RICKARDS ELEC. SERVICE (Fla. Dist. Ct. App. 1977)
- Novack v. Lowry Electric Co. (Fla. Dist. Ct. App. 1973)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This appeal is by the defendant below from an adverse judgment in a mechanics’ lien foreclosure action.
The appellant seeks reversal upon the contention that the plaintiff lienor was barred from recovery because of its failure to furnish an affidavit stating that all lienors had been paid in full, etc., as required of a contractor under § 713.06(3) (d) Fla.Stat., F.S.A. We hold the contention is without merit. That defense was not pleaded. It is sufficiently revealed on the record the capacity of the plaintiff was that of a subcontractor, for certain electrical work. As a subcontractor, the plaintiff was not required to furnish such an affidavit. Moreover, although it appears that the plaintiff subcontractor had agreed it would furnish such an affidavit upon five days’ demand by the owner (lessee in possession), it was not alleged or shown that the demand was made.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.