Florida District Courts of Appeal, 1978

Kennelly v. Marler Properties of Deerfield, Inc.

Florida District Courts of Appeal · Decided November 15, 1978 · Anstead, Baskin, Dauksch, Natalie

365 So. 2d 392; 1978 Fla. App. LEXIS 16677 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

AFFIRMED.

DAUKSCH, J., and BASKIN, NATALIE, Associate Judge, concur. ANSTEAD, J., dissents, with opinion.

Dissenting Opinion

ANSTEAD, Judge,

dissenting:

The trial court held that an amended claim of lien had priority over a previously *393recorded mortgage by allowing the amendment to relate back to a prior claim of lien filed before the mortgage, but on another parcel of property. See Section 713.08, Florida Statutes (1975). I do not believe it was proper to allow the amendment to relate back. Nor do I find the mortgagee’s knowledge of the lien to be controlling. I think the mortgage, recorded prior in time, has priority over the amended claim of lien.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.