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

District Court of Appeal of Florida·Decided September 24, 1980·No. No. 79-1741·Published·Cited by 2 cases

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.

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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.

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

388 So. 2d 623 (G. W. Martin Seawall, Inc. v. Flagship First National Bank of Miami) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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