Fred L. Ahern, Inc. v. Rawson

District Court of Appeal of Florida

Fred L. Ahern, Inc. v. Rawson

360 So. 2d 31, 1978 Fla. App. LEXIS 16147

CourtDistrict Court of Appeal of Florida

DecidedJune 13, 1978

DocketNo. JJ-27

StatusPublished

This text of 360 So. 2d 31 (Fred L. Ahern, Inc. v. Rawson) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Fred L. Ahern, Inc. v. Rawson, 360 So. 2d 31, 1978 Fla. App. LEXIS 16147 (Fla. Ct. App. 1978).

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Opinion

SMITH, Judge.

An interlocutory appeal. Rule 4.2, Fla.R.App.P. (1962). The complaint as amended does not wholly fail to state a cause of action for foreclosure of a mechanic’s lien under circumstances envisioned in Brown v. First Federal Savings & Loan Ass’n, 160 So.2d 556 (Fla. 1st DCA 1964). The sufficiency of plaintiff’s proof to avoid ultimate dismissal under Section 713.06(3)(d)1, Florida Statutes (1977), may be appropriately tested when the proofs are developed. The interlocutory order is AFFIRMED. Motions for attorneys’ fees DENIED.

BOYER, Acting C. J., and BOOTH, J., concur.

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SMITH, Judge.

An interlocutory appeal. Rule 4.2, Fla.R.App.P. (1962). The complaint as amended does not wholly fail to state a cause of action for foreclosure of a mechanic’s lien under circumstances envisioned in Brown v. First Federal Savings & Loan Ass’n, 160 So.2d 556 (Fla. 1st DCA 1964). The sufficiency of plaintiff’s proof to avoid ultimate dismissal under Section 713.06(3)(d)1, Florida Statutes (1977), may be appropriately tested when the proofs are developed. The interlocutory order is AFFIRMED. Motions for attorneys’ fees DENIED.

BOYER, Acting C. J., and BOOTH, J., concur.

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360 So. 2d 31, 1978 Fla. App. LEXIS 16147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fred-l-ahern-inc-v-rawson-fladistctapp-1978.

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