Barber v. Dahlia at Plantation Homeowners Ass'n
Barber v. Dahlia at Plantation Homeowners Ass'n
Opinion of the Court
In this mechanic’s lien case, Dennis Barber challenges an order of final summary judgment in favor of the property owner. Section 713.06, Florida Statutes (2008), allows for a lien on real property where the lienor has served notice of his claim on the property owner. An exception to the notice requirement is made for “laborers.” See § 713.06(2)(a), Fla. Stat. It was undisputed that Barber did not serve the notice required by section 713.06(2)(a). The trial court thus entered final summary judgment in favor of the property owner upon finding that, as a matter of law, Barber was not a “laborer.” See § 713.01(16), Fla. Stat. (2008) (defining “laborer”). As we conclude that genuine issues of material fact remain concerning Barber’s status as
Reversed and Remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.