Blank v. Forsythe, Humphrey & Associates, AIA
Blank v. Forsythe, Humphrey & Associates, AIA
Opinion of the Court
We affirm the summary judgment entered in favor of appellee, a defendant in this mortgage foreclosure suit who, as cross-claimant, filed its claim against other appellees to foreclose a mechanic’s lien. We agree that section 713.22(1), Florida Statutes (1987), did not preclude the cross-claim. That section provides that a mechanic’s lien does not continue for more than one year after the claim of lien has been recorded “unless within that time an action to enforce the lien is commenced in a court of .competent jurisdiction.” While the foreclosure action in the cross-claim was filed more than one year after the claim of lien was recorded, appellee was shown to have filed in a court of competent jurisdiction a prior action to foreclose that lien before the expiration of that one year period. It may be assumed that the two actions will be consolidated.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.