Haney Chevrolet, Inc. v. Poli Bros.

District Court of Appeal of Florida

Haney Chevrolet, Inc. v. Poli Bros.

262 So. 2d 230, 1972 Fla. App. LEXIS 6714

CourtDistrict Court of Appeal of Florida

DecidedApril 24, 1972

DocketNo. 71-357

StatusPublished

Cited by1 cases

This text of 262 So. 2d 230 (Haney Chevrolet, Inc. v. Poli Bros.) 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

Haney Chevrolet, Inc. v. Poli Bros., 262 So. 2d 230, 1972 Fla. App. LEXIS 6714 (Fla. Ct. App. 1972).

Pincite

Opinion

MAGER, Judge.

We are of the opinion that the record supports the trial court’s findings of fact that appellee’s lien was timely filed. Additionally we are of the view that the trial court was not in error in its determination as to the reasonable value of appel-lee’s lien for labor and services furnished appellant.

In estimating the reasonable value of work and labor actually furnished (where the contract has been terminated without fault of the materialman or contractor) such factors as the actual cost of work done and materials supplied, including the overhead and profit, wages paid to employees performing the labor supervision and rentals of equipment furnished in the improvement, may be considered. 53 Am. Jur.2d Mechanics’ Liens §§ 103-107, 245; see also Rebisso, Inc. v. Frick, 1953, 159 Ohio St. 449, 112 N.E.2d 651; cf. Surf Properties v. Markowitz Bros., Fla.1954, 75 So.2d 298. Such items, as separate items, are nonlienable but become lienable when they are included in a contract price or reflected in the reasonable value of labor or materials furnished.

The trial court was not in error in considering the foregoing factors in determining the reasonable value of labor performed or materials furnished.

Affirmed.

REED, C. J., and OWEN, J., concur.

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

MAGER, Judge.

We are of the opinion that the record supports the trial court’s findings of fact that appellee’s lien was timely filed. Additionally we are of the view that the trial court was not in error in its determination as to the reasonable value of appel-lee’s lien for labor and services furnished appellant.

In estimating the reasonable value of work and labor actually furnished (where the contract has been terminated without fault of the materialman or contractor) such factors as the actual cost of work done and materials supplied, including the overhead and profit, wages paid to employees performing the labor supervision and rentals of equipment furnished in the improvement, may be considered. 53 Am. Jur.2d Mechanics’ Liens §§ 103-107, 245; see also Rebisso, Inc. v. Frick, 1953, 159 Ohio St. 449, 112 N.E.2d 651; cf. Surf Properties v. Markowitz Bros., Fla.1954, 75 So.2d 298. Such items, as separate items, are nonlienable but become lienable when they are included in a contract price or reflected in the reasonable value of labor or materials furnished.

The trial court was not in error in considering the foregoing factors in determining the reasonable value of labor performed or materials furnished.

Affirmed.

REED, C. J., and OWEN, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

262 So. 2d 230, 1972 Fla. App. LEXIS 6714, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haney-chevrolet-inc-v-poli-bros-fladistctapp-1972.

Opinion

Related

Cite This Page — Counsel Stack