LUTHER WALKER TRUCKING CO., INC., APPELLANT,
v.
LOUIS FERNANDEZ, APPELLEE
LUTHER WALKER TRUCKING CO., INC., APPELLANT,
LOUIS FERNANDEZ, APPELLEE
285 So. 2d 667
Florida District Court of Appeal, Second District (1973)
Positive Treatment
Cited by 2 cases
Opinion of the Court
MANN, Chief Judge.
The trial court correctly determined that Walker Trucking had not perfected a statutory Mechanic’s Lien. However, the action should have continued as one for money damages under the contract. See Port Carlos Trailer Park v. Warren Brothers Co., 240 So. 2d 165 (2nd DCA Fla.1970). See also Fla.Const. Art. V, § 2(a), F.S.A. Reversed and remanded with directions to enter a partial final summary judgment.
BOARDMAN, J., and COWART, JOE A., Jr., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sharrard v. Ligon, 892 So. 2d 1092 (Fla. 2d DCA 2004)…ceedings. On remand, the Contractor will be entitled to money damages against the Owners under the contract in the amount of $70,500, the amount previously determined to be due by the trial court. See Luther Walker Trucking Co. v. [*1100] Fernandez, 285 So. 2d 667 (Fla. 2d DCA 1973). However, the Contractor’s claim for damages will be subject to a setoff for any amounts that may be determined to be due the Owners on their claims for damages for the filing of the fraudulent lien pursuant to section 713.31(2)(c…
Authorities Cited
- Port Carlos Trailer Park, Inc. v. Warren Bros. Co., 240 So. 2d 165 (Fla. 2d DCA 1970)