CURTIS BLANK, JEAN-CLAUDE MARTIN AND MICHAEL CHALLAMEL, APPELLANTS,
v.
FORSYTHE, HUMPHREY & ASSOCIATES, AIA, A FLORIDA CORPORATION, APPELLEE

Fla. 2d DCA | 1990-09-28
No. 89-02674
SCHEB, A.C.J., and DANAHY and LEHAN, JJ., concur.
567 So. 2d 57 Florida District Court of Appeal, Second District (1990)


Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the summary judgment entered in favor of appellee, a defendant in this mortgage foreclosure suit who, as cross-claimant, filed its claim against other appellees to foreclose a mechanic’s lien. We agree that section 713.22(1), Florida Statutes (1987), did not preclude the cross-claim. That section provides that a mechanic’s lien does not continue for more than one year after the claim of lien has been recorded “unless within that time an action to enforce the lien is commenced in a court of .competent jurisdiction.” While the foreclosure action in the cross-claim was filed more than one year after the claim of lien was recorded, appellee was shown to have filed in a court of competent jurisdiction a prior action to foreclose that lien before the expiration of that one year period. It may be assumed that the two actions will be consolidated.

SCHEB, A.C.J., and DANAHY and LEHAN, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus

Full citator, related cases, and AI research tools

Open in FLexlaw