GATOR CULVERT COMPANY, APPELLANT,
v.
DAIRELL SNAPP, TOM SALMON, INDIVIDUALLY AND D/B/A B.A.T. CONSTRUCTION, AND D/B/A/ T.N.T. CONSTRUCTION, APPELLEES
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A Notice to Owner sent to the owner's designated address and received by the owner's son's secretary was sufficient to comply with statutory requirements.
Appellant, a supplier, sent a Notice to Owner to the owner's designated address. The owner made payments to a subcontractor after receiving the notice…
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HERSEY, Judge.
In this mechanics’ lien foreclosure case the trial court found for the owner, Dairell Snapp, and against appellant, Gator Culvert. We reverse.
The Notice to Owner sent by appellant to the owner’s home address and received by the secretary of the son of the owner at the son’s office (which was the street address designated by the owner in his Notice of Commencement for service of such notices) was sufficient to comply with section 713.18, Florida Statutes. The trial court erred in concluding otherwise.
The court further erred in considering a Release of Lien executed by appellant. The existence of this release whs not originally pled nor were the pleadings implicitly or expressly amended to raise this issue.
Finally, the trial court erred in finding that the owner made proper payments to the subcontractor who had ordered materials from appellant where the payments were made subsequent to the providing of appellant’s Notice to Owner and where such payments exhausted the funds from which appellant could have been paid.
Accordingly, we reverse the final judgment and remand for entry of final judgment in favor of appellant.
DOWNEY and BARKETT, JJ., concur.
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Roof Structures, Inc. v. Picou, 544 So. 2d 1138 (Fla. 4th DCA 1989)…effective in cases where material acts or omissions by the owner have caused circumstances of detrimental reliance. Cf. Fidelity and Deposit Company of Maryland v. Delta Painting Corp., 529 So. 2d 781 (Fla. 4th DCA 1988); Gator Culvert Co. v. Snapp, 467 So. 2d 766 (Fla. 4th DCA 1985); Symons Corp. v. Tartan-Lavers Delray Beach, Inc., 456 So. 2d 1254 (Fla. 4th DCA 1984); Design Aluminum, Inc. v. DeSanti, 521 So. 2d 285 (Fla. 2d DCA 1988); S & S Air Conditioning Co. v. Cantor, 343 So. 2d 923 (Fla. 3d DCA 1977).…