J.R. FENTON, INC., APPELLANT,
v.
GALLERY 600, INC., D/B/A FRAME FACTORY, AND LEE H. BARNEBURG AND GEORGIA BARNEBURG, HIS WIFE, APPELLEES
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J.R. Fenton, Inc. appealed the trial court's denial of its mechanic's lien claim against Gallery 600, Inc. (Frame Factory) and its owners, the Barneburgs, for work on a parking lot. The court reversed, holding that the initial lien claim substantially complied with statutory requirements and that the property owner was not adversely affected by the omission of the legal description.
The court held that the July 23 claim of lien substantially complied with statutory requirements and was enforceable because the property owner was not adversely affected by the omission of the description—he knew what property the claim concerned. The court also held that due process requires a hearing on a motion for rehearing before a trial court can grant the motion and amend a final judgment.
[1] A claim of lien substantially complying with statutory requirements may be enforced even if it contains omissions or errors, provided the party against whom enforcement i…
[2] A property owner who receives a claim of lien and knows the purpose and subject property of the lien is not adversely affected by the omission of a legal description from…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The omission of any of the ... details or errors in such claim of lien shall not, within the discretion of the trial court, prevent the enforcement of such lien as against one who has not been adversely affected by such omission or error.”
The statutory standard under section 713.08(4)(a) that applies to the validity of mechanic's liens despite technical defects
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceLee Barneburg and J.R. Fenton negotiated a contract for paving and resurfacing the Frame Factory parking lot. After completion, the Barneburgs refused…
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SANDERLIN, Judge.
Appellant J.R. Fenton, Inc. appeals a final judgment which denied it a claim of lien against appellees Gallery 600, Inc., d/b/a Frame Factory (Frame Factory) and, its owners, the Barneburgs. Appellant also appeals an amended final judgment which deleted the Barneburgs and held Frame Factory solely liable for the judgment debt. We reverse.
Lee Barneburg and J.R. Fenton negotiated a contract for the paving and resurfacing of the Frame Factory parking lot. The written quotation named Frame Factory as the “job name.” After the job was completed, the Barneburgs expressed dissatisfaction with and refused payment for the work done by appellant.
On July 23, 1984, appellant filed a claim of lien against the property. The statutory claim of lien form used by appellant contained a space to “[djescribe real property sufficiently for identification, including street and number, if known.” This space was left blank on the form which appellant filed. However, it is apparent from the form that the contract giving rise to the claim of lien was with Frame Factory, “600 E. Bay Drive, Largo, Florida,” and that the property was owned by “Lee and Georgia Barneburg, 600 E. Bay Dr., Largo, Fla....” On August 10, 1984, appellant filed an amended claim of lien which added the legal description of the property in the space provided on the form.
Appellant filed an initial complaint against appellees to enforce the July 23 claim of lien. The case proceeded to trial under a fourth amended complaint which stated the following alternative causes of action: (1) enforcement of the July 23 claim of lien; (2) enforcement of the August 10 amended claim of lien; (3) to impress and foreclose an equitable lien on the property; and (4) breach of contract. Appellees answered, alleging that: (1) the July 23 claim of lien was invalid because it did not con tain a legal description of the property; (2) the August 10 amended claim of lien was invalid because it was not filed in accordance with section 713.08, Florida Statutes (1983); (3) appellant was not entitled to an equitable lien; and (4) appellant had breached the contract by not performing in a workmanlike manner and not using appropriate and satisfactory materials.
At trial, Lee Barneburg testified that he had received the initial claim of lien and knew that it was for the Frame Factory parking lot job.
After considering the evidence, the trial court entered its initial final judgment which found that appellant had performed the contract fully and in a workmanlike manner, but denied appellant entitlement to a claim of lien under either the initial or amended claim. The trial court awarded appellant the full contract price, plus interest and costs, and provided that the Barne-burgs and Frame Factory were jointly and severally liable for the award.
Thereafter, appellees’ attorney filed a motion for rehearing which requested an amended final judgment finding only Frame Factory liable for the judgment. The attorney also sent a letter to the trial judge with a proposed amended final judgment incorporating the relief sought in the motion for rehearing. On June 3,1985, the trial court, without a hearing, entered an amended final judgment which contained the same findings in the original final judgment, but deleted the Barneburgs and ordered Frame Factory liable for the judgment.
By letter dated June 6, 1985, appellant’s attorney advised the trial court of his objection to the granting of the motion for rehearing and entry of the amended final judgment without affording the parties a hearing. The letter requested the amended final judgment be set aside and a hearing held.
On June 30, 1985, appellant filed its notice of appeal.
Appellant first claims the trial court erred in denying its July 23 claim of lien. We agree.
The claim of lien form filed by appellant substantially complied with the form contained in section 713.08(3), Florida Statutes (1983). The space provided for a description of the property, however, was left blank. Nonetheless, the name and address of the property appeared elsewhere on the form. Further, Barneburg testified that he had received the claim and knew that it was for the Frame Factory job. Section 713.08(4)(a) provides: “The omission of any of the ... details or errors in such claim of lien shall not, within the discretion of the trial court, prevent the enforcement of such lien as against one who has not been adversely affected by such omission or error.” (Emphasis added.) Because Barneburg was not adversely affected by the omission of the property description and, indeed, he knew why and for which property the claim was made, we hold it was error for the trial court to deny appellant entitlement to the July 23 claim of lien. See Mid-State Contractors, Inc. v. Halo Development Corp., 342 So. 2d 1078 (Fla. 2d DCA 1977); Adobe Brick and Supply Co. v. Centex-Winston Corp., 270 So. 2d 755 (Fla. 3d DCA 1972).
Because of our holding on appellant’s first point on appeal, we need not address appellant’s second and third points regarding entitlement to the August 10 amended claim of lien and the equitable lien.
Finally, appellant claims the trial court erred in granting appellees’ motion for rehearing and entering the amended final judgment without a hearing. We also agree with this point.
While Florida Rule of Civil Procedure 1.530(a) does not specifically require a hearing on a motion for rehearing, we believe that due process requires a hearing on such a motion before a trial court can grant the motion and amend a final judgment. Cf. Carnell v. Carnell, 398 So. 2d 503 (Fla. 5th DCA) review denied, 407 So. 2d 1102 (Fla.1981) (no provision in Rule 1.530(a) prohibiting the denial of such a motion without a hearing where motion contains only matters previously asserted during course of trial), and Seaboard Coast Line Railroad Co. v. Magnuson, 288 So. 2d 302 (Fla. 4th DCA), cert. denied, 297 So. 2d 30 (Fla.1974) (although due process required a hearing on a Rule 1.530(a) motion for rehearing, harmless error to deny such a motion without a hearing where motion contained only matters previously argued during course of trial). Unlike the Carnell and Magnuson cases, the trial court here granted the motion and amended the final judgment to delete one of the parties. Under the facts of this case, we cannot hold such error harmless.
Therefore, we reverse both the final judgment and amended final judgment, and remand to the trial court for further proceedings consistent herewith.
RYDER, C.J., and FRANK, J., concur.
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Johnson & Bailey Architects, P.C. v. Se. Brake Corp., 517 So. 2d 776 (Fla. 2d DCA 1988)…tex-Winston Corp., 270 So. 2d 755 (Fla.3d DCA 1972). We note also that as the lien did reference the contract from which it arose, it is unlikely that Southeast was unable to identify the subject property. See J.R. Fenton, Inc. v. Gallery 600, Inc., 488 So. 2d 587 (Fla.2d DCA 1986). It was also error to award Southeast attorney’s fees under § 57.105. Such an award is appropriate only where the losing party has failed to raise any justicia-ble issue of either law or fact. Muckenfuss v. Deltona Corporation, 50…
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Miradieu Aubourg v. Erazo, 922 So. 2d 1106 (Fla. 4th DCA 2006)…nt. The Second District Court of Appeal .held that, although rule 1.530 contains no requirement for a live hearing, due process requires such a proceeding before a trial court can grant a motion for rehearing. J.R. Fenton, Inc. v. Gallery 600, Inc., 488 So. 2d 587, 588 (Fla. 2d DCA 1986); see also Carnell v. Carnell, 398 So. 2d 503, 507 (Fla. 5th DCA 1981). The third and fifth districts have also addressed this issue. In Alberger v. Harrison, 342 So. 2d 537, 539 (Fla. 3d DCA 1977) the third district recogniz…
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Thomas v. Khadejah Cromer (Fla. 3d DCA 2019)…rocedure 1.530(a) does not specifically require a hearing on a motion for rehearing, . . . due process requires a hearing on such a motion before a trial court can grant the motion and amend a final judgment.” J.R. Fenton, Inc. v. Gallery 600, Inc., 488 So. 2d 587, 588 (Fla. 2d DCA 1986) (citations omitted); see Aubourg v. Erazo, 922 So. 2d 1106, 1107 (Fla. 4th DCA 2006) (discussing relevant precedents and noting the holding that “although rule 1.530 contains no requirement for a live hearing, due process req…
Authorities Cited
- Darrel Carnell v. Carnell, 398 So. 2d 503 (Fla. 5th DCA 1981)
- Seaboard Coast Line R.R. Co. & Robert J. Schmidt v. Art A. Magnuson, 288 So. 2d 302 (Fla. 4th DCA 1974)
- Aurelio Martinez v. State, 270 So. 2d 755 (Fla. 3d DCA 1972)
- Mid-State Contractors, Inc. v. Halo Dev. Corp., 342 So. 2d 1078 (Fla. 2d DCA 1977)
- Seaboard Coast Line R.R. Co. v. Art A. Magnuson, Jr., 297 So. 2d 30 (Fla. 1974)
- Am. CAN Co. v. Cherry, 297 So. 2d 30 (Fla. 1974)