Miller v. Bob Dean Steel Buildings, Inc.

District Court of Appeal of Florida

Miller v. Bob Dean Steel Buildings, Inc.

218 So. 2d 459, 1968 Fla. App. LEXIS 4609

CourtDistrict Court of Appeal of Florida

DecidedNovember 13, 1968

DocketNo. 67-532

StatusPublished

This text of 218 So. 2d 459 (Miller v. Bob Dean Steel Buildings, Inc.) 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

Miller v. Bob Dean Steel Buildings, Inc., 218 So. 2d 459, 1968 Fla. App. LEXIS 4609 (Fla. Ct. App. 1968).

Pincite

Opinion

PER CURIAM.

Miller appeals a decree enforcing a mechanic’s lien. The special master’s conclusion that the building was substantially [460]*460completed is contradicted by his finding, for example, that supporting columns were mislocated beyond allowable tolerances. The building was not constructed in reasonable compliance with the contract, through no fault of the owner. Nelson v. Hazel, 89 Idaho 480, 406 P.2d 138 (1965). See Pitts v. Ahlswede, 139 So.2d 159, 160 (Fla.App.1962).

This disposition of the case renders it unnecessary to determine whether costs and fees in the amount of $4,992 may be awarded in an action to enforce a $7,227 lien.

Reversed and remanded with directions to dismiss the complaint without prejudice, with leave to amend.

LILES, C. J., and HOBSON and MANN, JJ., concur.

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