G. W. Martin Seawall, Inc. v. Flagship First National Bank of Miami

District Court of Appeal of Florida

G. W. Martin Seawall, Inc. v. Flagship First National Bank of Miami

388 So. 2d 623, 1980 Fla. App. LEXIS 17258

CourtDistrict Court of Appeal of Florida

DecidedSeptember 24, 1980

DocketNo. 79-1741

StatusPublished

Cited by2 cases

This text of 388 So. 2d 623 (G. W. Martin Seawall, Inc. v. Flagship First National Bank of Miami) 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.

Bluebook

G. W. Martin Seawall, Inc. v. Flagship First National Bank of Miami, 388 So. 2d 623, 1980 Fla. App. LEXIS 17258 (Fla. Ct. App. 1980).

Pincite

Opinion

LETTS, Chief Judge.

The Final Judgment of Foreclosure of certain land and construction mortgages in the trial court is affirmed.

The final judgment is silent as to which section of the Florida Mechanics Lien chapter its decision awarding priority to the mortgages is based on, but we are unable to find reversible error if the trier of the fact found the Appellant/Lienor to be subject to Section 713.04, Florida Statute (1975) as there is competent substantial evidence to support such a finding. Said Section 713.04 creates a lien for subdivision improvements but provides that no lien be acquired “until a claim of lien is recorded.” The lien here was recorded long after the mortgages and thus its priority is inferior.

Accordingly, we cannot find reversible error in the record and the cause must be affirmed.

BERANEK, J., and WESSEL, JOHN D., Associate Judge, concur.

Free access — add to your briefcase to read the full text and ask questions with AI

LETTS, Chief Judge.

The Final Judgment of Foreclosure of certain land and construction mortgages in the trial court is affirmed.

The final judgment is silent as to which section of the Florida Mechanics Lien chapter its decision awarding priority to the mortgages is based on, but we are unable to find reversible error if the trier of the fact found the Appellant/Lienor to be subject to Section 713.04, Florida Statute (1975) as there is competent substantial evidence to support such a finding. Said Section 713.04 creates a lien for subdivision improvements but provides that no lien be acquired “until a claim of lien is recorded.” The lien here was recorded long after the mortgages and thus its priority is inferior.

Accordingly, we cannot find reversible error in the record and the cause must be affirmed.

BERANEK, J., and WESSEL, JOHN D., Associate Judge, concur.

Cite This Page — Counsel Stack

Bluebook (online)

388 So. 2d 623, 1980 Fla. App. LEXIS 17258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/g-w-martin-seawall-inc-v-flagship-first-national-bank-of-miami-fladistctapp-1980.

Opinion

Related

Cite This Page — Counsel Stack