G. W. MARTIN SEAWALL, INC., APPELLANT,
v.
FLAGSHIP FIRST NATIONAL BANK OF MIAMI, CGC CORPORATION ET AL., APPELLEES

Fla. 4th DCA | 1980-09-24
No. 79-1741
BERANEK, J., and WESSEL, JOHN D., Associate Judge, concur.
388 So. 2d 623 Florida District Court of Appeal, Fourth District (1980) Positive Treatment
Cited by 4 cases
Topics
Priority Of Liens Mechanic'S Lien

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Opinion of the Court
LETTS, Chief Judge.

LETTS, Chief Judge.

The Final Judgment of Foreclosure of certain land and construction mortgages in the trial court is affirmed.

The final judgment is silent as to which section of the Florida Mechanics Lien chapter its decision awarding priority to the mortgages is based on, but we are unable to find reversible error if the trier of the fact found the Appellant/Lienor to be subject to Section 713.04, Florida Statute (1975) as there is competent substantial evidence to support such a finding. Said Section 713.04 creates a lien for subdivision improvements but provides that no lien be acquired “until a claim of lien is recorded.” The lien here was recorded long after the mortgages and thus its priority is inferior. Accordingly, we cannot find reversible error in the record and the cause must be affirmed.

BERANEK, J., and WESSEL, JOHN D., Associate Judge, concur.

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  • Vivienne Brown and Arthur Brown v. TAN, 395 So. 2d 1249 (Fla. 3d DCA 1981)
    …arrangements is in the best interest of the child. See Robertson v. Bass, 52 Fla. 420, 42 So. 243 (1906) (after four years court will not disturb status quo where there is no showing that interest of children demand change). See also Brown v. Brown, 388 So. 2d 623 (Fla.4th DCA 1980); Trujillo v. Trujillo, 378 So. 2d 812 (Fla.3d DCA 1980); Scarpetta v. DeMartino, 254 So. 2d 813 (Fla.3d DCA 1971), cert. denied, 409 U.S. 1011, 93 S.Ct. 437, 34 L.Ed.2d 305 (1972). [*1252] Similarly, appellant’s argument that the…
  • Elkins v. Bosch, 433 So. 2d 1251 (Fla. 3d DCA 1983)
    …tionally, a party must show that the welfare of the child will be promoted by the change. Brush v. Brush, 414 So. 2d 37 (Fla. 3d DCA 1982); Haines v. Haines, 417 So. 2d 819 (Fla. 4th DCA 1982); Culpepper v. Culpepper, 408 So. 2d 782; Brown v. Brown, 388 So. 2d 623 (Fla. 4th DCA 1980); Stricklin v. Stricklin, 383 So. 2d 1183; Nicholson v. Nicholson, 311 So. 2d 676. The report of the general master, adopted by the trial court, reveals that after conducting in camera discussions with the children, “The Master…

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