HUNT TRUCK SALES, ETC. v. Holopak Village

363 So. 2d 27

• Court: District Court of Appeal of Florida
• Decided: September 20, 1978
• Docket: 77-1344
• Status: Published

Opinion

363 So.2d 27 (1978)

HUNT TRUCK SALES AND SERVICE, INC., a Florida Corporation, Appellant,
v.
HOLOPAK VILLAGE et al., Appellees.

No. 77-1344.

District Court of Appeal of Florida, Fourth District.

September 20, 1978. Rehearing Denied October 26, 1978.

Francis E. Pierce, Jr., Orlando, for appellant.

James A. Barks, of Steed & Collins, Orlando, for appellees.

BERANEK, Judge.

This is an appeal from an order dismissing a complaint with prejudice for failure to state a cause of action. Appellant asserts 13 points on appeal. We find that all points are without merit and affirm. The main issue was whether the plaintiff/appellant stated a cause of action for foreclosure of a mechanic's lien. The right to foreclose the mechanic's lien was claimed to exist through a security agreement between plaintiff/appellant and a third party. A mechanic's lien or a prospective mechanic's lien may be assigned in Florida. Fla. Stat. § 713.19. It is our conclusion that plaintiff/appellant's security interest in accounts and contracts is not an assignment of a mechanic's lien and thus is not sufficient to transfer the right to foreclose the mechanic's lien. Therefore, the trial court correctly dismissed the complaint. The order appealed from is, therefore, affirmed.

AFFIRMED.

DAUKSCH, J., and GREEN, OLIVER L., Jr., Associate Judge, concur.