GRINDLAYS BANK LIMITED, APPELLANT,
v.
CHARLES BASSETT & ASSOCIATES, INC., APPELLEE
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The trial court erred in imposing an equitable lien instead of a statutory mechanic's lien where the defendant performed surveying services based on apparent authority and the property owner's agent's representations of commitment to pay.
A contractor who performs services based on an agent's apparent authority and representations of payment commitment is entitled to a statutory mechanic's lien, not merely an equitable lien.
[1] A contractor who performs services in reliance on an agent's apparent authority and representations of the principal's commitment to pay is entitled to a statutory mechan…
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Join FLexlaw to unlock all legal intelligenceBassett performed surveying services before and after Grindlays acquired legal title to property on March 29, 1977, based on representations by Grindl…
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ROBERT P. SMITH, Jr., Acting Chief Judge.
These are cross-appeals.
The trial court’s judgment, imposing an equitable lien in lieu of the statutory mechanic’s lien claimed by appellee Bassett, must be reversed because Bassett’s pleadings neither claimed nor alleged a basis for claiming an equitable lien and potential issues on such a claim were not tried by consent. Charter Development Corp. v. Eversole, 342 So. 2d 143 (Fla. 1st DCA 1977); Chandler v. Chandler, 330 So. 2d 778 (Fla. 1st DCA 1976), cert. den., 339 So. 2d 1167 (Fla.1976).
The trial court erred, however, in concluding that Bassett is not entitled to a statutory mechanic’s lien on the findings recited in the final judgment, which were that appellee Bassett was engaged to fender the services he performed by Grindlays’ agent Plesko; that Grindlays through another agent gave Plesko apparent authority to engage Bas-sett when Grindlays contemplated acquiring the property; and that Bassett, relying on Plesko’s apparent authority and his representations concerning Grindlays’ commitment to pay, performed surveying services both before and after Grindlays acquired legal title on March 29, 1977.
The facts so found on substantial competent evidence bring Bassett’s claim within the rule of Smith v. Loftis, 112 Fla. 382, 150 So. 645 (1933), entitling Bassett to a statutory mechanic’s lien. Compare Section 5355, C.G.L. (1927), with Sections 713.01(4), (12), 713.03, Florida Statutes (1977).
The judgment imposing an equitable lien on Grindlays’ property is REVERSED and the cause is REMANDED for entry of a judgment imposing a mechanic’s lien.
ERVIN and BOOTH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Harrington Chandler and Altamease Chandler v. Chandler, 330 So. 2d 778 (Fla. 1st DCA 1976)
- Smith v. Loftis Plumbing & Heating Co., 112 Fla. 382 (Fla. 1933)
- Charter Dev. Corp. v. Eversole, 342 So. 2d 143 (Fla. 1st DCA 1977)