THE SHORES OF INDIAN RIVER, INC., A DISSOLVED FLORIDA CORPORATION, PETITIONER,
v.
GART URBAN ASSOCIATES, INC., A FLORIDA CORPORATION, RESPONDENT; THE BAYTREE CORPORATION, A FLORIDA CORPORATION, PETITIONER, V. GART URBAN ASSOCIATES, INC., A FLORIDA CORPORATION, RESPONDENT

Fla. 4th DCA | 1985-12-04
Nos. 85-976, 85-977
ANSTEAD and GLICKSTEIN, JJ., and BARKETT, ROSEMARY, Associate. Judge, concur.
478 So. 2d 893 Florida District Court of Appeal, Fourth District (1985) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

We deny the petitions for writ of certiorari on the authority of McMahan Construction Company v. Carol’s Care Center, Inc., 460 So. 2d 1001 (Fla. 5th DCA 1984), which decision we adopt and approve. We believe the facts of that case, as well as the similar facts involved herein, are distinguishable from prior cases on the issue of the filing of a contractor’s affidavit as a condition to maintaining an action for foreclosure of a mechanic’s lien. See, e.g., Leader Mortgage Co. v. Rickards Electric Service, Inc., 348 So. 2d 1202 (Fla. 4th DCA 1977).

ANSTEAD and GLICKSTEIN, JJ., and BARKETT, ROSEMARY, Associate. Judge, concur.


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  • J. Batten Corp. v. Oakridge Invs. 85, Ltd., 546 So. 2d 68 (Fla. 5th DCA 1989)
    …provided that the statute of limitations has not run prior to the filing of the amended complaint. See also Coquina Ltd. v. Nicholson Cabinet Company, 509 So. 2d 1344 (Fla. 1st DCA 1987); Shores of Indian River, Inc. v. Gart Urban Associates, Inc., 478 So. 2d 893 (Fla. 4th DCA 1985); McMahan Construction Co. v. Carol’s Care Center, 460 So. 2d 1001 (Fla. 5th DCA 1984). Since Batten’s claim of lien was filed in January 1988, the statute of limitations had not expired1 and accordingly the trial court should hav…

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